You’ve invented something you believe would be a hit in the market. Or maybe you’ve come up with a process that you know will be beneficial to the masses.
You can’t wait to introduce this new innovation to the market. But the fear of it being misused, copied or taken advantage of makes you think twice. So what can you do? You file a Patent for your innovation.
However, do you fully understand the Patent Application Process?
Read on to learn 5 of the most common misconceptions about obtaining patents in Brunei.
1. You can enforce your patent while it’s still pending
If you’ve never filed a patent before, you may be under the impression that once you’ve submitted the application and your patent is pending, you have the ability to sue someone else for patent infringement.
This is not accurate information. You can only take legal action AFTER your patent has been approved.
Because patents in Brunei take two to four years to process, you won’t have a right to sue during this period. It should however be noted that once you file your Patent application in Brunei, no one else will be able to file a similar application as yours as one of the rule for Brunei Patent Applications is that priority goes to the “first to file”.
2. Once you have a patent, it can’t be contested
Consider this scenario: You’ve developed a revolutionary process that will make life easier for many people. You applied for a patent in Brunei and, after waiting for 3 ½ years, it’s finally granted. You assume you’re in the clear, case closed, etc.
But then, a few years later, you find out that someone else has been infringing your Patent. Since your patent was granted all those years ago, you know you have a right to sue. This third-party decides to counter sue you under the guise that your original patent wasn’t valid.
As the proceedings progress in court, information comes to light that your wonderful, life-changing process was NOT new after all. The judge makes the decision to revoke your patent and dismisses your infringement lawsuit.
This may seem like a horror story, but it does happen and it reinforces the need to have experienced IP consultants supporting you through the patent process from its earliest stages. Drafting the specifications and claims are the most crucial part of your Brunei Patent Application, it is best that it is drafted by experienced and trained professionals with the educational background of the relevant fields.
3. Holding a patent means you can use your product or idea freely
You may be looking at a patent in the wrong way. Being granted a patent doesn’t necessarily mean you can do what you want with your invention. It simply means that other people are excluded from exploiting your intellectual property.
To add to the confusion, there are often overlaps of patents in technology, for example. This means that one patent owner may require another to obtain a license before they can use their own idea or product.
Company 1 has obtained a Patent for Product A
Company 2 has obtained a Patent for Product A + B
In order for Company 2 to use Product A + B, they will have to obtain a license from Company 1 for Product A beforehand.
Again, this is yet another reason that you shouldn’t try to navigate the murky waters of patents in Brunei without professional help.
4. Patents in Brunei are valid anywhere in the world
When you’re granted a patent in Brunei, the patent protection only applies in Brunei.
You’ll need to secure a separate patent for each country that you want your intellectual property to be protected in. Keep in mind that each country will have its own fees and your costs will rise significantly, not to mention the amount of paperwork that will have to be managed. Don’t attempt this without experts who can guide you through the processes.
5. It’s unnecessary to seek IP Professionals
After working through each of the previous four misconceptions about patents in Brunei, the final one may not come as a surprise! The reason you are seeking to file a Patent Application in Brunei is because you want your intellectual asset to be protected. As such, it is adamant that you have to be as thorough as possible throughout the entire process so that nothing is overlooked which could cause your application to be rejected or that could allow your patent to be nullified in the future.
Trust Pintas with filing your patents in Brunei
The Pintas team is trained to assist you from the early stages of your Patent Application in Brunei up until the end.
With a big team of drafters ranging from various educational fields and a tight management of Patent deadlines by the procedural team, Pintas will be able to assist you with a worry free Patent Application process.
Filing a patent in Brunei can be a confusing process that takes a lot of time, effort, and money.
But you’ll give yourself – and your brilliant invention – the best chance at actually changing lives for the better if you work with IP consultants who have the experience and knowledge to efficiently bring your patent application to a favourable outcome.
Get in touch with Pintas for a free consultation today.