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Patent and Petty Patent
(Utility Model) regulated in the Law No. 6 of 1989 on
Patent as revised by the Law No. 13 of 1997 and the
Law No. 14 of 2001. The patent application shall
be submitted to the Patent Office, Directorate General
of Intellectual Property Rights, Department of Law and
Human Rights of Republic of Indonesia.
Patent
is a special right granted by the state to an inventor
for his/her invention in the field of technology, for
a certain period he/she personally executes his/her
invention or gives his/her approval to an other person
to execute it.
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Utility
Model (Petty Patent) shall be granted by the state
for each invention constituting a new product or process having
the quality of a simple invention but having a practical usage
value due to the form its configuration, construction or component.
Invention
shall be the activities in solving certain problems in the
field of technology, which may be in form of a process or
a product, or an improvement and development of a process
or a product.
Inventor
shall be a person or several person together conducting activities
producing an invention.
Patent
Holder shall be an inventor as the owner of a patent
or a person who has received that right from the owner of
a patent, or another person who has further received the right
from the above mentioned person, which is registered in the
General Register of Patents.
Patents are given to new inventions,
which contain inventive step and can be applied in the industry.
Unless proven otherwise, considered as inventors are those
who have for the first time filed an application for a patent.
Meanwhile, the novelty requirement for Utility Model (Petty
Patent) is limited for the simple invention which executed
in Indonesia.
A person who executes an invention
at the time an application for patent is being filed for a
similar invention, shall still have the right to execute the
invention as first inventor, even when to the similar invention
a patent will subsequently be granted.
The provisions as above mentioned
shall not apply when the person executing the invention is
conducting it by using the knowledge about the invention concerned
from descriptions, pictures, samples, or other information
about the invention for which an application for a patent
was filed.
A person executing an invention
as above mentioned may be recognized as the first inventor
when after the granting of a patent to the similar invention
this person files an application for a patent to the Patent
Office.
UNPATENTABLE
INVENTIONS
An invention shall be considered
new, when at the time the application for a patent was filed
said invention is not same or not constitutes the part of
the prior invention
The prior invention as mentioned
above is an invention on or before :
a. filing date of patent application, or
b. receiving date of patent application with the priority
right if patent application filed with the priority right,
has been published in Indonesia or
outside Indonesia in a publication in a manner which enables
an expert to use said invention or
has been published in Indonesia through an oral explanation,
or through a demonstration as to its
use or in any other manner, so that it enables an expert to
use said invention.
An invention shall not be considered
as having been announced when within a period of maximum 6
(six) months prior to filing an application for a patent :
- The invention has been displayed in an official, or recognized
as official, international exhibition in Indonesia or abroad,
or in an official, or recognized as official, national exhibition
in Indonesia.
- The invention is already used in Indonesia by its inventor
in the framework of an experiment for research and development
purposes.
An invention shall also not
be considered as having been announced when within a period
of 12 (twelve) months prior to filing an application for a
patent, apparently there is any other person publish by way
of infringing obligation to keep confidential of said invention.
Patents shall not be granted to
:
- Inventions concerning a process or a product, the announcement
and utilization or execution of which are in contravention
with the legislative regulations in force, the public order
or decency;
- Inventions concerning methods of examination, care, treatment
and surgery applied to humans andanimals, but without
covering any products whatsoever, used or related to the methods
concerned;
- Inventions concerning theories and methods in the field
of science and mathematics.
DURATION
Patents shall be granted for
a period of 20 (twenty) years, calculated as of the date of
receiving the patent application, and the Patent period can
not be extended. Meanwhile, Petty Patent/Utility Model can
be granted for a period of 10 (ten) years, calculated as of
the date of receiving the Utility Model application, and the
Utility Model period also can not be extended.
PROCEDURE
OF PATENT APPLICATION
The procedures for patent application
according to the patent law are as follows :
- Filing the application;
- Formal examination for determining the filing date;
- Official Publication of the application for a patent shall
last for 6 (six) months and the publication shall be made
at the latest :
- 18 (eighteen) months after the filing date;
- 18 (eighteen) months after the filing date of the first
patent application, in case of an application for a patent
with the priority right.
During the period of publication
everyone may, after having seen the announcement of the application
for a patent, submit a written opinion or objection on the
application for the patent concerned by mentioning the reasons
thereof.
- The request for substantive examination
which must be submitted at the latest within thirty six (36)
months as of the filing date;
- The Patent Office must give a decision to approve the patent
application and consequently, grant a patent or to reject
it, within at the latest 36 (thirty six) months, calculated
as of the filing date of the request for a substantive
examination has been received.
- If the report on the results of the examination, conducted
by the Patent Examiner on the invention, for which an application
for a patent has been filed, comes to the conclusion, that
the invention concerned is in accordance with
the provision of Patent Law as well as the other provisions
of the Patent Law, then the Patent Office shall officially
issue a Patent Certificate for the invention concerned.
The patent which have been issued,
shall be recorded in the General Register of Patents, and
published in the Official Gazette of Patents.
Patent shall come into force
on the date they have been granted and shall have a retroactive
effect as of the date of receiving the application for a patent.
APPLICATION
FOR APPEAL
An application for appeal may
be submitted against the rejection of an application for a
patent, related to the reasons and basis of consideration
with regard to matters which are substantive by nature. The
application for an appeal shall be submitted in writing by
the person who has filed the application for a patent or its
proxy, to the Patent Appeal Commission.
The Patent Appeal Commission
is a special body, chaired permanently by a chairman concurrently
member and is within the Department of Justice. The application
for an appeal must be submitted at the latest within a period
of three (3) months calculated as of the date of the rejection
notification of the application for a patent, and The decision
of the Patent Appeal Commission on the application for an
appeal shall be given at the latest within twelve (12) months
as of the date of receiving the application for an appeal,
and the decision of the Patent Appeal Commission shall be
final.
PRIORITY
RIGHT
The application for a patent
filed on the basis of priority right as provided for in international
convention for the protection of patents, which is adhered
to by the Republic of Indonesia, must be submitted within
twelve (12) months as of the filing date which is for the
first time received in any country, which is also a participant
of the convention concerned.
REQUIREMENTS
FOR FILING A PATENT & PETTY PATENT APPLICATIONS
1. Descriptions, claims, abstract
of the invention and formal drawings (if the descriptions
contains the drawings)
2. Power of Attorney.
No legalization is necessary;
3. Assignment (if any);
and
4. Certified copies of Priority Documents and its translation
in English.
REQUIREMENTS
FOR FILING A PCT PATENT APPLICATION FOR ENTRY INTO THE NATIONAL
PHASE
1. Power
of Attorney duly signed by the applicant. No legalization
is necessary;
2. Assignment (if any);
and
3. Copy of International Publication.
Dead line for filing the original
documents (calculated as from the filing date) :
1. Power of Attorney
1 month
2. Assignment 3
months
Note :
1. Descriptions, claims, abstract
of the invention and formal drawings in English must be received
by us at least 3 days before the dead
line.
2. If the original power of attorney can not be received on
the dead line of the filing date, then you can fax it immediately
before the dead line of filing date. Further, the original
power of attorney may be filed within 14 days
calculated as from the filing date.
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