Patent

About Patent

IPRThe patent term is derived from English, which is derived from the Latin "patere" means "to be open" or open. The point is, the inventor must be open the invention (discovery) it is complete in the form of documents which was published so that the reader know exactly what has been found by the inventors. In return, the government registered the patent which gave monopoly rights for a certain period to the inventor. That monopoly rights called a patent. In the Constitution of the Republic of Indonesia Number 14 of 2001 on patent, invention is a particular problem-solving activities in the field of technology, which can be either the process or production output or refinement and development or production output processes. The term invention has been standardized to the Bahasa Indonesia into ‘invensi’, instead of the term discovery that used in previous patent law.

Patent Criteria

An invention must meet the following three criteria to obtain patent:

  • Having a novelty. The novelty has to be seen universally, even if invention registration only in one country, but the invention that being registered must be ensured confirmed as new and no and there has been no similar invention around the world.
  • Fulfill the inventive step. Inventive step of an invention is a contribution to the prior art. If an invention has no novelty, of course, has no contribution to the prior art, or in other words there are no inventive step. Therefore, examination of inventive step occurs only after proven that the invention containing a novelty value. Inventive step can be considered as a technical step solutions to technical problems that were found in the invention or the method previously (prior art).
  • Applicable in the Industrial Sector. Almost all of the inventions that meet the requirements included in the category of Article 1 (2) and are not included in the category UUP Article 7 can be produced or used in a different types of industries. Therefore, the patent can not be applied in the industry almost never be found in the case of patent examination of.

After obtaining a patent of invention belongs to the inventor, subsequently government of the Republic of Indonesia will give a monopoly to (the) inventor for 20 years starting from the acceptance of patents (filing date). Besides regular patent, the patent system in Indonesia also familiar with the simple invention. The period of protection afforded to the simple invention (simple patent) is only 10 years from the date of acceptance and can not be extended.

Patent in LIPI

Here is the list of patents that has been produced by LIPI until the end of 2013 which shown in graphical form. Total patents registered by LIPI in Directorate General of IPR commencing from 1991 to 2013 was 325 of patents.

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