This article serves as a follow-up to our previous article, in which we advised that it is now possible for a patentee to choose either to continue renewing their patents on each anniversary of the filing date of the corresponding base patent up to a maximum of 20 years from that filing date (the “old” calculation method), or alternatively to extend the term of the Brunei patent under a “new” system by converting payments so that they are made on the anniversaries of the base patent’s grant date up to a maximum term of 20 years from that grant date. 

On 15 June 2015, we learnt that the Registrar of Patents in Brunei had issued a further Practice Note, requiring any such renewal calculation conversions to be done before 30 June 2015, on any existing or expired cases.  However now, upon our urgent request, our Brunei associate has managed to persuade the Registrar to allow us further time to convert any patent cases from the old to the new term/renewal date calculation method.  The new (and we presume, final inextensible) deadline is 31 December 2015

This switch is not compulsory, and is at the discretion of the patentees, but we must notify the Registry of any patents for which the conversion is required.  Therefore, if there are any further cases which are to be converted to the new calculation method, please let us know as soon as possible.  Please provide us with any such instructions well in advance of 31 December 2015, so that we can ensure that the necessary action can be taken in due time.

Moving forward, it is the Registrar’s preference that, for any Brunei reregistration cases filed after 30 June 2015, the new calculation method (i.e. based on the parent patent’s grant date) will apply automatically.  We therefore understand that, for any such cases filed on or after 1 July 2015, the term of the Brunei patent and the due date for renewal payments will automatically be based on the parent patent’s grant date and not its filing date.