Socialization of Law No. 13 (2016) about Patent in Indonesia

Socialization of Law No. 13 (2016) about Patent in Indonesia

2017/9/12

Socialization of Law No. 13 (2016) about Patent in Indonesia
By Chamelia Sari, PRAWIRANEGARA International Patent & Trademark Law Office

On July 26, 2017 Socialization of Law No. 13 of 2016 regarding patent began. This socialization was a series socialization conducted by the Directorate General of Intellectual Property of the Republic of Indonesia, in this particular Directorate of Patent, Layout Design of Integrated Circuit (LDIC) and Trade Secret (TS) having previously conducted a series of similar activities in various regions in Indonesia since legalization of Law No. 13 about patent in the year 2016.
 
The socialization held in order to improve the knowledge and understanding of the public regarding the enactment of Law No. 13 of 2016 on Patent. The socialization took place in the Directorate General of Intellectual Property hall in Jakarta and was attended by approximately 80 (eighty) participants consisting of representatives of state-owned companies, universities, researchers from LIPI (Indonesian Institute of Sciences) and Intellectual Property Rights consultants.
 
The four speakers who delivered their papers to the participants of the socialization are as follows: (1) Ir. Timbul Sinaga, M. Hum as Director of Patent, Layout Design of Integrated Circuit & Trade Secret with topic "Substance Changes in Law No. 13 of 2016 on Patent" (2) Dr. Taufiqu Rochman, M Eng., Ph.D. as the representative of LIPI (Indonesian Science Institution) with the topic "Scope of Simple Patent Protection from Inventor Perspective" (3) Dra. Erbita Dumada Riani, M.IPL as Head of Certification, Maintenance, Mutation and License of Patent Directorate, LDIC & Trade Secret of the Republic of Indonesia (4) Ir. Syafrimai from the Patent Appeal Commission, with the topic "Extension of Authority of Patent Appeals Commission.
 
In his speech Ir. Timbul Sinaga as the Patent Director conveyed the importance of innovation as a benchmark of the progress of a nation. The existence of various innovations in the field of technology has a strategic role in supporting the development of the nation and promote the people welfare. The presence of MEA (ASEAN Economic Community) or free market in ASEAN region since the year 2015 creates opportunities and also challenges for Indonesia.
 
As we all know, trade in the current era of globalization no longer merely covers trade between countries adjacent to its territory. Countries that are thousands of kilometers away can now trade with their counterparts in other countries in the same time and day thanks to technological advances, in this case information technology. Only nations that capable of mastering technological progress is able to face the challenges of free market in the future. Therefore, in order to conform with the provisions of international regulations and to enhance and encourage inventors in the country to work and innovate more, Indonesian government considers it is necessary to amend this patent law.
 
The important changes contained in Law No. 13 of 2016 includes among others:
 
1. Expansion of simple patent coverage 
Article 3 Paragraph (92) describes the extension of simple patent coverage, which is "Simple patent as referred to in Article 2 letter (b) shall be granted for each new invention, development of existing products or processes, and applicable in the industry;
 
2. Patent Holder's obligation to make products or use the process in Indonesia
Article 20 discloses the existence of patent holder's obligation: "Patent Holder to manufacture product or use process in Indonesia";
 
3. Electronic patent application
In Article 24 paragraph (4) there is a mechanism of e-filing in addition to using non-electronic mechanism.
 
4. Clear and correct disclosure of origin of genetic resources and/ or traditional knowledge in patent descriptions
Article 26 describes the obligation for clear and true disclosure of genetic resources and/or traditional knowledge, as follows;
 
- If the invention relates to and/ or originates from genetic resources and/or traditional knowledge, it must be clearly stated and true of the origin of the genetic resources and/or traditional knowledge in the description.
 
- This provision is in line with the Nagoya Protocol meant for Access Benefit Sharing as an effort to protect the Genetic Resources of Traditional Knowledge (SDGPT).
 
5. Change of patent mechanism from Pre-Grant to Post-Grant
- In Law No. 14/2001, patent examination mechanism using Pre- Grant system where there is only announcement mechanism that is announcement at publication period (Publication A) and announcement after patent (Publication B).
 
- In Law No. 13 of 2016 there is a change to the Post-Grant mechanism whereby a third party may object to the grant of a patent by filing the objection with the Patent Appeal Commission.
 
- The result of the decision will be re-announced known as Publication C.
 
6. Patent appeals commission
There is a new authority on the Patent Appeal Commission in Article 67, including the authority to receive, examine and decide upon:
 
(1) An appeal against refusal of an application.
 
(2) An appeal against correction of description, claim, and/or drawing after the application is granted a patent; and
 
(3) An appeal against a granted patent.
 
7. Export and Import settings related to Mandatory License
(1) The Minister may grant a Compulsory License to manufacture patented pharmaceutical products in Indonesia for the treatment of diseases in humans.
 
(2) The Minister may grant a Compulsory License on the import of procurement o f patented pharmaceutical products in Indonesia for the treatment of diseases in humans.
 
(3) The Minister may grant a Compulsory License to export patented and manufactured pharmaceutical products i n Indonesia for the treatment of diseases in humans upon request from developing or undeveloped countries.
 
8. The right to a patent shall be made as a fiduciary security object
(Article 108 of Law Number 13 of 2016).
 
9. Simple Patent
(1) A simple patent shall be granted only for one Invention (Article 122 of the Law Number 13 of 2016).
(2) Announcement of a Simple Patent application shall be made no later than 7 (seven) days as from the date of receipt of the Simple Patent application and announced for 2 (two) months counted from the date the announcement of a Simple Patent application (Article 123 of Law Number 13 of 2016).
(3) The Minister shall make a decision to approve or reject the Simple Patent application no later than 12 (twelve) months from the date of receipt of a Simple Patent application (Article 124 of Law Number 13 of 2016)
 
10. Patent removal
The patent shall be removed in whole or in part for the following reason(s):
 
- Request for removal from the Patent Holder is granted by the Minister;
 
- The court's decision to remove the said Patent has permanent legal force;
 
- Patent removal decision issued by the Patent Appeal Commission; or
 
- The Patent Holder does not fulfill the obligation to pay the annual fee.
 
(Article 130 of Law Number 13 of 2016).
 
11. Annual fee
-The first annual fee payment must be made no later than 6 (six) months from the date the certificate is issued (Article 126 of Law No. 13 of 2016).
 
- In the event that the annual fee has not been paid until the specified time period, the Patent is declared to be deleted (Article 128 of Law No. 16 of 2016).
 
12. Exceptions to criminal charges and civil suits for parallel import and Bolar Provision
The criminal provisions referred in Chapter XVII and the civil suit cannot be implemented if:
 
( 1 ) The import of a patent protected pharmaceutical product in Indonesia and the said pharmaceutical product has been marketed in a country lawfully provided that the pharmaceutical product is imported in accordance with the provisions of the laws and regulations; and
 
(2) Patent-protected pharmaceutical products in Indonesia within 5 (five) years before the expiry of patent protection for the purpose of licensing process then conducts marketing after the patent protection is terminated (Article 167 of Law No. 13 of 2016).
 
With the enactment of patent law by the House of Representatives on July 28, 2016, it is a step of improving the implementation of patent in Indonesia as the optimization of the State's presence in the Government's best service in the field of Intellectual Property. This new patent law is the Government's real form of alignment with the interests of Indonesia without violating international principles, realizing economic independence by moving the domestic strategic sectors of the economy by encouraging the national invention in the field of technology.
 
"Through this socialization is expected to be able to provide information and understanding of the new patent law, as well as providing information about electronic application of Intellectual Property which essentially to encourage & protect the invention of the nation and promote the welfare of the people through the use of patents" said Ir. Timbul Sinaga at the end of his speech.
 



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