Patent means an exclusive right granted to the inventors by the State as the result of his/her invention in the field of technology for a definite period of time to exclusively implement his/her given invention or to give consent to other party [Art. 1 (1), Patent Law No.13/2016]
What rights does a patent provide?
(1)A Patent Holder has exclusive rights to exploit his/her Patent and prohibit other party(s) without his/her approval from: a.making, using, selling, importing, renting out, delivering, or supplying for sale or rental or delivery of the patented product in the event of product-Patent; b.in the event that process-Patent: uses the patented production process to make products or conducts other activities as referred to in point a.
(2)Prohibition from using the patented production process as referred to in section (1) point b only applies to imported products solely produced from the use of patented process.
(3)In the event of educational, research, experimental, or analytical purposes, the prohibition as referred to in section (1) and section (2) may be exempted as long as it does not prejudice the proper interests of the patent holder and is non-commercial. [Art. 19, Patent Law No.13/2016]
What kinds of inventions can be protected?
Invention means 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 productor process.
Inventions do not include [Art. 4]: a.esthetical creation; b.scheme; c.rules and methods in conducting activity of:
involving mental activity;
games (i.e. rules or method related to human physical acts or activities to play); and
business (i.e. method of business which does not have character and technical effect).
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.
Non Patentable Invention [Art. 9] Inventions which cannot be granted Patent include: a.any process or product of which its publication, usage or implementation contravenes the prevailing legislation, morality, public order, or decency; b.any method of examination, treatment, medication, and/or surgery applied to humans and/or animals; c.any theory and method in the field of science and mathematics; d. all living organisms, except microorganism; or e.any biological process which is essential to produce plant or animal, except non-biological process or microbiological process.
What conditions must be met to obtain patent protection?
Patent protection in Indonesia includes:
Patent; and
simple Patent.
To be granted a Patent, the invention should be new (novel), involve inventive steps, and susceptible to industrial application.
To be granted a Simple Patent, the new invention should be an improvement from existing product or process, and susceptible to industrial application.
Novel. An Invention is deemed to be novel given that on the Filing Date, pertinent Invention is not similar to any previously disclosed technology[1]. [Art. 5 (1)]
Inventive steps. The Invention involves inventive steps if the said Invention to a person skilled in the technical field constitutes to be non-obvious. [Art. 7 (1)] 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. [Art. 7 (2)]
Industrially applicable. The Invention may be industrially applicable if the Invention can be implemented in the industry as described in the Application. [Art. 8]
Invention in the form of product that is industrially applicable must be able to be produced continuously (mass production) with the equal quality, whereas if an Invention is a process then the process must be able to be performed or used in practice. [El. Art. 8]
[1] Previously disclosed technology is one which has been published in Indonesia or outside Indonesia in writing, by a verbal description, or by a demonstration, by usage, or in other ways which enable a skilled expert to implement the Invention before [Art.5 (2)]: a. Filing Date; or b. priority date for Application filing with Priority Right.
The previously disclosed technology includes technology in other documents of Applications filed in Indonesia and have been published on or after the Filing Date for applications being substantively examined but the Filing Date of other application documents filed in Indonesia is prior to the Filing Date or priority date of Application. [Art.5 (3)]
My employee has invented a new product or process: Who will own the rights to the patent?
In principle,
the party entitled to Patent is the Inventor or Person who get his/her assigns. [Art.10 (1)]
If the Invention is produced jointly by several persons, the right of the Invention is jointly owned by all relevant Inventors. [Art.10 (2)]
Unless proven otherwise, party deemed to be the Inventor is a person or persons firstly declared as the Inventor of the Application. [Art. 11]
Patent Holder of the Invention produced by the Inventor in a work relation is the Party who has commissioned the work, unless agreed otherwise. [Art. 12] The provision is also applicable to the Invention produced by an employee or worker using data and/or facilities available in his/her work. The Inventor is entitled to Remuneration in accordance with the concluded agreement between employer and Inventor, by taking into account the economic benefit generated from the Invention. The Remuneration may be paid on the basis of:
a certain amount and a lump sum;
a percentage;
a combination of certain amount and lump sum together with gift or bonus; or
any other forms agreed by the parties.
In the event that no agreement can be reached on how to calculate and decide the amount of Remuneration, relevant parties may file a lawsuit to the Commercial Court. The provisions do not deprive the right of Inventor to have his/her name mentioned in the certificate of Patent.
What are the obligations of a Patent Holder
A Patent Holder is required to:
make the products or to use the process in Indonesia. [Art. 20]
Making product manufactures or using process as referred to in section (1) must encourage technology transfer, investment absorption and/or job vacancy provision.
pay annual fee (This obligation may also apply to a Licensee). [Art. 21]
How long does patent protection last?
A Patent is granted for a period of 20 (twenty) years as from the Filing Date while a Simple Patent is granted for a period of 10 (ten) years as from the Filing Date. The said duration is unextendable. [Art. 22-23]
How can patents be obtained worldwide?
If you want to sell your invention worldwide, you might consider applying for patents in other countries. Patenting an invention in Indonesia only protects you in Indonesia. Nobody can profit off your invention in another country if your invention is patented there. If you plan to patent the invention in other countries, we have a network of foreign associates around the world who are available to assist our clients protect and enforce their invention abroad.
The Patent Co-operation Treaty or PCT is an international agreement for filing patent applications having effect in up to 157 countries. Under the PCT, an inventor can file a single international patent application in one language with one patent office in order to simultaneously seek protection for an invention in up to 157 countries throughout the world. Type of protection available via PCT is only standard patent.
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