PATENT IMPLEMENTATION

PATENT IMPLEMENTATION

In accordance to Article 20 of Patent Law No.13 year 2016, in paragraph (1) that patent holders (patent assignees) are supposed to make products or use processes in Indonesia and in paragraph (2) making the products or using the process as referred to in paragraph (1) must support the technology transfer, absorption of investment and/or job providing.

From this it can be seen that the government not only provides protection for novelty inventions registered in Indonesia, but also constrains that patents that have been granted to be applied properly in Indonesia. The point is to improve the economy, of course. Because of the result of the implementation of these patents, it will automatically create new jobs, bring in investment and provide new knowledge to the public by transferring technology from the applied patents. The implementation of a patent can take the form of making a product, or using a process.

As its implementation is regulated in the Regulation of Minister of Law and Human Rights No.15 of 2018 concerning Use of Patents by Patent Holders which was later updated by the Regulation of Minister of Law and Human Rights No. 30 of 2019 concerning the Procedures for Granting of Mandatory Patent Licenses, the content of Regulation of the Minister of Law & Human Rights No.30 of 2019 has not changed much, because this regulation is a combination of the Regulation of the Minister of Law & Human Rights No.15 of 2018 and the Regulation of the Minister of Law & Human Rights No.39 of 2018 concerning Procedures for Granting of Compulsory Patent Licenses. This still discusses the same thing regarding the implementation of such patents in Indonesia, namely that patent implementation in Indonesia is an obligation for the patent holder after the patent application has been granted.

The patent implementation can be filed by a third party if within 36 months the patent holder has not applied his patent in Indonesia. This is known as a Compulsory Patent License. In accordance with Article 12 of Regulation of the Minister of Law & Human Rights No. 30 of 2019. However, the government in the same regulation provides concessions for patent holders to postpone the implementation of their patents for 5 years starting from the grant of an petition for patent suspension. Meanwhile, filing for patent suspension must be filed no later than 36 months from the date of grant. This is related to articles 40, 41 and 42. In fact, it is in accordance with Article 44, that the postponement can be extended with the reasons.

Government through the Ministerial Regulation No. 30 of 2019, regulates in such a way in order that the patent holders still have full rights to patent implementation, but also provide opportunities for business actors as a third party to make, reproduce a patent product while still protecting the rights of the patent holder as the owner of the exclusive right of his patent. Besides, the government can also benefit from the patent implementation itself.

 

Source:

*) Regulation of the Minister of Law & Human Rights No.15 of 2018

*) Regulation of the Minister of Law & Human Rights No. 39 of 2018

*) Regulation of the Minister of Law & Human Rights No. 30 of 2019

*) regulations.bpk.go.id/Home/Details/133142/permenkumham-no-30-year-2019

 

 

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