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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Rofiq Hidayat
The recently passed Patent Bill, which revises Law No. 14 of 2011 on Patents, now sets outs a number of provisions which encourage inventors, i.e. owners of novel ideas and self-invented products, to patent their inventions through the government in order that they be able to gain economic returns on their ideas. It is hoped that this will subsequently be able to make a contribution to Indonesia’s economic development as a whole.
The Bill defines a patent as an inventor’s idea (an inventor being either an individual or a group of individuals) which is dedicated to a specific technological problem-solving activity. The results of such activity may either be a product, a process, or an improved development process for already existing products.
The Bill also explicitly sets out various criteria for patentable inventions. Firstly, a patentable invention must be both novel and inventive (or non-obvious). An invention can be considered novel and inventive after it has been evaluated in order to assess the inventor’s skill and originality as it manifests itself within the relevant technological area. Moreover, such inventions must also satisfy the industrial applicability requirement, provided that the filing date of any patent application for a given invention is different from the filing date of a patent application for a prior technology.
Secondly, a patentable invention can consist of a prior art technology that has been publicized via an academic paper, an oral presentation, or via a public demonstration either in Indonesia or another country. This type of invention also encompasses any methods that enable a person skilled in the art in question to make and use the invention prior to the filing date of any patent application, be it a general or prioritized patent application.
Thirdly, a patentable invention can consist of another type of prior art technological application that has been filed in Indonesia, provided that the application in question is publicized prior to the filing date for any application that is currently undergoing a substantive assessment stage, be it a general or prioritized patent application.
Additionally, an invention is not considered to have been publicized if it has been displayed at an official exhibition event in Indonesia or other country six months prior to the filing date for its patent application or if the publication is undertaken by another party subject to a non-disclosure agreement and said invention is publicized by its rightful inventors twelve months prior to the filing date of any patent application.
Non-Patentable Inventions
The Patent Bill also stipulates certain inventions that are not eligible to enjoy patent rights, specifically: (i) inventions involving processes or products that violate prevailing laws and regulations, religious doctrines, notions of public order and/or common ethics; (ii) the invention of methods of medical examinations, treatments, therapies and/or surgeries involving humans or animals; (iii) the invention of scientific and mathematical theories and methods; (iv) the invention of living organisms, with the exception of microorganisms; and (v) the invention of essential biological processes used to produce animals or plants, with the exception of non-biological or microbiological processes.
(hs/sp)
Marcell Sihombing, Rofiq Hidayat
The recently passed Patent Bill, which revises Law No. 14 of 2011 on Patents, now sets outs a number of provisions which encourage inventors, i.e. owners of novel ideas and self-invented products, to patent their inventions through the government in order that they be able to gain economic returns on their ideas. It is hoped that this will subsequently be able to make a contribution to Indonesia’s economic development as a whole.
The Bill defines a patent as an inventor’s idea (an inventor being either an individual or a group of individuals) which is dedicated to a specific technological problem-solving activity. The results of such activity may either be a product, a process, or an improved development process for already existing products.
The Bill also explicitly sets out various criteria for patentable inventions. Firstly, a patentable invention must be both novel and inventive (or non-obvious). An invention can be considered novel and inventive after it has been evaluated in order to assess the inventor’s skill and originality as it manifests itself within the relevant technological area. Moreover, such inventions must also satisfy the industrial applicability requirement, provided that the filing date of any patent application for a given invention is different from the filing date of a patent application for a prior technology.
Secondly, a patentable invention can consist of a prior art technology that has been publicized via an academic paper, an oral presentation, or via a public demonstration either in Indonesia or another country. This type of invention also encompasses any methods that enable a person skilled in the art in question to make and use the invention prior to the filing date of any patent application, be it a general or prioritized patent application.
Thirdly, a patentable invention can consist of another type of prior art technological application that has been filed in Indonesia, provided that the application in question is publicized prior to the filing date for any application that is currently undergoing a substantive assessment stage, be it a general or prioritized patent application.
Additionally, an invention is not considered to have been publicized if it has been displayed at an official exhibition event in Indonesia or other country six months prior to the filing date for its patent application or if the publication is undertaken by another party subject to a non-disclosure agreement and said invention is publicized by its rightful inventors twelve months prior to the filing date of any patent application.
Non-Patentable Inventions
The Patent Bill also stipulates certain inventions that are not eligible to enjoy patent rights, specifically: (i) inventions involving processes or products that violate prevailing laws and regulations, religious doctrines, notions of public order and/or common ethics; (ii) the invention of methods of medical examinations, treatments, therapies and/or surgeries involving humans or animals; (iii) the invention of scientific and mathematical theories and methods; (iv) the invention of living organisms, with the exception of microorganisms; and (v) the invention of essential biological processes used to produce animals or plants, with the exception of non-biological or microbiological processes.
(hs/sp)