PATENT

UNDERSTANDING PATENT

Patent shall mean an exclusive right granted by the State to an Inventor for his invention in the field of technology. The right and exclusive right which are only given to the patent holder for a certain period of time in order to carry out its own commercially or give further rights to the party / another person to carry it out.

With regard to patent right, several important terms are known, as follows:

Invention: Inventor’s idea set forth in a specific problem-solving activities in the field of technology which can be either a product or process, or the improvement and development of products or processes.

Inventor: is a person who, alone or several persons acting jointly implementing an idea poured in an activity resulting an invention.

Patent holder: is the inventor as the patent owner or the party who receives the right of the patent owner or other party to receive further such right, which is registered in the General Register of Patent.

Priority right: the right of an applicant to apply for registration that come from countries that joined with Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization to obtain acknowledgment that the filing date in the country of origin is a priority date in the destination country which is a member of one of the both agreements for submission done within the time period specified by the Paris Convention.

Exclusive right: a right which is only granted to the patent holder for a certain period of time in order to carry out its own commercially or give further right to others. Thus, other people are prohibited to exploit the patent without the consent of the Patent Holder.

Simple Patent: Every invention in the form of a product or a new tool and having practical utility value due to the shape, configuration, construction or component which may be granted legal protection in the form of a simple patent.

Patent For Several Inventions: The patent application of several inventions that constitute a unity of invention. One of the unity of the invention in question is some of the inventions that have relevance between the invention with another invention, such as an invention of a new form of writing instruments along with new ink. Stationery and the ink is a unity because it is specifically for use on the new stationery.

OBJECT OF PROTECTION

Inventions that may be granted patent protection are inventions that are eligible for:

Novelty: An invention is considered “new” if at the time of filing the patent application of the invention is not the same as the previous technological disclosure.

Inventive: An invention involves an inventive step if the invention to a person having ordinary skill in the field of technology is unpredictable application in the industry.

DURATION OF PROTECTION

A patent is granted for a period of 20 (twenty) years from the date of the filing and the period cannot be extended.

Simple patent granted for a period of 10 (ten) years from the date of filing and the period cannot be extended.

Inventions that are not granted PATENT:

  1. A process or product announcement and the use or implementation of which is contrary to the legislation in force, public order or morality.
  2. Methods of examination, treatment, medication or surgery applied to humans or animals.
  3. Theory and methods in the field of science and mathematics.
  4. All living things except microorganisms.
  5. A biological process that is essential for the production of plants or animals, except microbiological process.

PATENT RIGHT HOLDER

  1. The patent holder has an exclusive right to exploit its patents, and prohibit others without consent:
    1. In the case of patent products: making, selling, importing, hiring, handing to use, available for sale or rental or delivery of a product that is granted a patent;
    2. In the case of the patent process: using a production process which is granted a patent for making goods and other measures referred to in paragraph (a).
  2. The patent holder has the right to license to others by virtue of a license agreement.
  3. The patent holder has the right to sue for compensation through the local courts, to anyone, who deliberately and without rights commits acts as referred to in item (1) above.
  4. The holder of the patent right demand the person who intentionally and without right to infringe the rights of the patent holder to perform any of the actions referred to in point 1 above.

OBLIGATIONS OF PATENT HOLDER

Obligations of Patent Holder is obliged to pay maintenance fees, called annual fee.

TRANSFER OF PATENT

Patent or patent ownership may be transferred in whole or in part by:

  • Inheritance;
  • Grant;
  • Testament;
  • Written agreement; or
  • Other causes justified by the legislation.

PATENT LICENSE

License is a permit granted by the patent holder to another party holding contractual entitlement to the economic benefits of a given patent protection for a period of time and with certain requirements.

MANDATORY LICENSE

A mandatory license is a license to carry out patent granted, based on the decision of Directorate General of IPR, upon request.

Any party may apply for a mandatory license to Directorate General of IPR after the expiration of a period of 36 (thirty six) months from the date of grant by paying a fee, on the grounds that the patent in question is not implemented or not fully implemented in Indonesia by the patent holder. Requesting a mandatory license may also be filed at any time after the patent is granted on the grounds that the patent has been implemented by the patent holder or its licensors in the form and manner that is not detrimental to the public interest. The mandatory license can be granted to an applicant only if:

  1. Applicant can show convincing evidence relating to:
    1. Having the ability to carry out its own patent in question in full;
    2. Having its own facilities to carry out the relevant patent as soon as possible;
    3. Having been trying to take steps in a sufficient period of time to obtain a license from the patent holder on the basis of the terms and conditions, but do not get results; and
  2. Directorate General of IPR find that the patent can be carried out in Indonesia within a viable economic scale and can provide benefits to most people.

INFRINGEMENT AND SANCTIONS

  1. Whoever intentionally and without right to infringe the right of patent holder to commit any of the acts referred to in Article 16 shall be punished with imprisonment of 4 (four) years and a maximum fine of IDR 500.000.000, – (five hundred million rupiah).
  2. Whoever intentionally and without right to infringe the right of Simple patent holder to perform any of the acts referred to in Article 16 shall be punished by a maximum imprisonment of 2 (two) years and a maximum fine of IDR 250.000.000, – (two hundred and fifty million rupiah).

PROCEDURES OF PATENT APPLICATION

  1. To fill in patent application form along with the following attachments:
    1. Proof of citizenship in the form of ID card copy of Inventor, the right holder.
    2. Copy of Tax Identification Number (TIN) for right holder, Legal Entity Certificate / certified copies of incorporation which has been legalized by a notary.
    3. A letter of proof of ownership right to the invention which is signed by the owner, with IDR 6,000.- duty stamp.
    4. Description of the invention including claims of invention and invention abstract.
    5. Image of invention detail along with its detailed description.
    6. Document (request) of patent priority and its translations.
    7. Certificates of deposit of microorganisms and translation
  2. To write a description of the Invention 
    1. Writing Invention or description of invention must fully and clearly disclose an invention that can be understood by others skilled in the field, written in good and right IndonesianSummary of the Invention: revealing the characteristics of invention, or in other words, revealing the characteristics of the independent claims.Brief Description: Containing brief description of the drawings which are shown to support the clarity of the description.Example:   Figure 1 is a front view of the invention.

      Figure 2, if still deemed necessary to clarify the description of the invention.

      Detailed Description of Invention: This section describes the complete invention in question. Invention characteristics have nothing left in this section. At the time of the substantive examination the applicant will not be allowed to make changes by adding characteristic of the invention

      Claim: revealing the characteristics contained in the invention for which a patent (patent: 1 or> 1 claim) is filed, and for simple patent is only 1 claim.

      Abstract: a summary of the detailed description of the invention and limited to a maximum of 200 words.

      Note: it shall be typed on an A4 HVS size paper, weighing 100 grams, 1.5 format typing space, 2 cm on the top edge, 2 cm at the bottom, 2.5 cm on right side and 2 cm on left side.

    2. The content disclosed in the description on each sub title shall be described as follows:
      1. Title of Invention: describing the invention with a brief and limited to a maximum of 3 (three) rows
      2. Field of the Invention techniques: specifically describing the technology of the invention proficiency level
      3. Background of the Invention:  this section disclose technology or relevant existing invention (prior art), before a new invention being at this time. The disclosed problems or deficiencies are compared with the new invention. Thus, the purpose of this invention is to solve the problem by addressing the deficiencies that exist.
  3. Announcement of Patent Application
    1. Announcement of the patent application lasts for six (6) months and can be viewed on the Announcement Board of Patent Application, patent office and Book of Official Gazette of the Patent which is issued periodically.
    2. Application on a Simple Patent Substantive examination may be performed concurrently with the filing of the application or in the period of 6 (six) months from the date of filing and bear charges.
    3. The substantive examination includes novelty and industrial application.