Can I Tell Anyone About My Invention?

Written by Lucky Setiawati, Principal & Founder of Globomark │ IP Consultant, Reg. No. 145-2006
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You need to be careful when you plan to obtain a patent for your invention, particularly if you need to disclose your invention to the public or third party  before filing a patent application. If you are publishing your invention in public in writing, by a verbal description or by a demonstration, before submitting your patent request to the patent office, you may lose your chances of getting a patent. It's best not to tell others about your idea until you have obtained "patent pending" status by filing a patent application. 

To get a patent, you can talk to business partners, IPR consultants or your employees about your invention, but only on a confidential basis. It is recommended that you make a confidentiality agreement or non-disclosure agreement with any party with whom you disclose your invention.

Pursuant to Indonesian Patent Law, an invention is considered to be unpublished, if, within a maximum period of 6 (six) months before the filing date:

• the invention has been shown in an international exhibition in Indonesia or abroad, which is official, or acknowledged to be official or in an national exhibition in Indonesia, which is official or acknowledged to be official;
• the invention has been used in Indonesia by the inventor within the framework of experimentation for research and development purposes.

An invention is also considered to be unpublished, if, within a period of 12 (twelve) months before the filing date, it was published by any other person by way of breaching an obligation to preserve the confidentiality of the relevant invention.**