Step 1: Make sure your invention qualifies for patent protection (patentable) Step 2: Do a thorough patent search Step 3: Patent Drafting - Preparing the description, claims and drawings of an application; Step 4: Patent Request - File an application with the patent office
Step 1: Make sure your invention qualifies for patent protection (patentable)
Before you can start on the road to prosecution, you must first establish without a doubt that the invention you wish to protect is patentable.
According to the prevailing Indonesian Patent Law, invention is an idea of an inventor embodied into a specific problem solving activity in the field of technology in the form of product or process, or refining and developing product or process.
As a result, the following elements are not considered as inventions: a. esthetical creation; b. scheme; c. rules and methods in conducting activity of:
involving mental activity;
games; and
business.
d. rules and methods containing only computer program; e. presentation of information; and f. discovery in the form of:
new use of existing and/or known product; and/or
new forms from existing compound which does not generate significantly enhanced efficacy and contains different relevant known chemical structures to compound.
The following are inventions according to our patent law, but they are not patentable:
any process or product of which its publication, usage or implementation contravenes the prevailing legislation, morality, public order, or decency;
any method of examination, treatment, medication, and/or surgery applied to humans and/or animals;
any theory and method in the field of science and mathematics;
all living organisms, except microorganism; or
any biological process which is essential to produce plant or animal, except non-biological process or microbiological process.
Conditions of patentability
To be patentable, an invention must be:
new (novel),
considered as involving an inventive step, and
industrially applicable.
Novelty. An invention is deemed to be novel if on the Filing Date, the invention is not similar to any previously disclosed technology. The Filing Date is the date when the patent application reaches the Indonesian Patent Office in complete form.
Involving an inventive step. The invention involves inventive steps if the said invention to a person skilled in the technical field constitutes to be non-obvious. The evaluation of obviousness of an invention must take into account the state of the art at the time the application filed or which has existed at the time the first Application was filed using Priority Right.
Industrially applicable. The invention may be industrially applicable if the invention can be implemented in the industry as described in the patent application.
