PATENT

GENERAL PROVISIONS
Patent is an exclusive right granted by the country to inventors with regard to their technological inventions, to exercise their inventions directly or grant approvals to third parties to implement the said inventions for a specified period.

Simple Patent
Inventions in the form of new products or equipment and having practical use value due to their forms, configuration, constructions, or components, can obtain legal protection in the form of simple patent.

Inventions are inventors ideas, contained into a specific problem solving activity in the technology field, which can be in the form of products or processes or perfection and development of products or processes;

Inventor is an individual or a group of people, who jointly implement the idea contained into an activity producing invention;

Holder of Patent is an inventor as the owner of patent or parties receiving the said rights from Patent’s owner or other parties receiving further the said right, which is registered in General List of Patent.

Inventions Eligible For Patent.

• An invention contains inventive steps if the said invention, for a person having certain expertise in the technical field, is a matter unpredictable before.
• An inventions is deemed new in case that upon date of receipt the said invention is  not the same with the technology, which has been disclosed before.
• An invention can be applied in a industry if the said invention is applicable in the industry as specified in the application.

Patent shall not be granted to inventions of:

• processes or products whose announcement and utility or implementation are in violation with laws in forces, religious morality, social order or decency.
• examination, maintenance, treatment and/or surgical methods applied to human beings and/or animals.
•  Theories and methods in sciences and mathematics, or
  1. all creatures, except micro organisms;
  2. essential biological processes to  produce plants or animals, except non biological or microbiological processes.

Protection Period Patent

• Patent shall be granted for a period of 20 years as of date of receipt; and the said duration is not extendible;
• The date of commencement and expiration of a patent rights shall be recorded and announced.

Simple Patent

• Shall be granted for a period of 10 years, starting from dated of receipt; and the said period is not extendible.

Sanction

• Use of patented production process, or producing, using, selling, importing, renting, delivering or providing for sale or to be rented or delivery of patented product or process, shall be subject to a maximum of 4 years imprisonment and/or a maximum fine of Rp.500.000.000.00 (five hundred million Rupiah).
• Producing, using, selling, importing, renting, delivering, or providing for sale or to be rented or delivering  of product or equipment having simple patent, shall subject to a maximum of 2 years imprisonment and/or a maximum  fine of Rp.250.000.000.00 (two hundred and fifty million Rupiah).
• A Patent crime is chargeable crime by complaint.

Patent Cooperation Treaty.

• Is a patent application system simplifying the process of patent application to other countries as member/s of the Patent Cooperation Treaty (PCT);
• The submission of patent application with PCT system could be made through the Directorate General of Intellectual Property Rights.