Directorate General of Intellectual Property Rights (DGIPR)
Indonesia
- Section 1 General
- Section 2 Private and/or non-commercial use
- Section 3 Experimental use and/or scientific research
- Section 4 Preparation of medicines
- Section 5 Prior use
- Section 6 Use of articles on foreign vessels, aircrafts and land vehicles
- Section 7 Acts for obtaining regulatory approval from authorities
- Section 8 Exhaustion of patent rights
- Section 9 Compulsory licensing and/or government use
- Section 10 Exceptions and limitations related to farmers' and/or breeders' use of patented inventions
- Section 11 Other exceptions and limitations
Section 1: General
1. As background for the exceptions and limitations to patents investigated in this questionnaire, what is the legal standard used to determine whether an invention is patentable? If the standard for patentability includes provisions that vary according to the technology involved, please include examples of how the standard has been interpreted, if available. Please indicate the source of law (statutory and-or case law) by providing the relevant provisions and/or a brief summary of the relevant decisions.
It is about patentable inventions, under Article 2 on Indonesia Patent Law a patent shall be granted to an invention, which is novel, involves inventive step and is susceptible of industrial application. An invention shall be considered to involve an inventive step i f said invention does not constitute something that is obvious to a person skilled in the art. An invention shall be considered novel, if at the date of filing of the application said invention is not the same with any previous technological disclosure.
A patent shall not be granted to an invention regarding:
a. Any process or product of which the announcement and use or implementation contravenes the prevailing rules and regulations, religious morality, public order or ethics;
b. Any method of examination, treatment, medication, and/or surgery appleid to humans and/or animals;
c. Any theory and method in the field of science and mathematics; or
d. i. all living creatures, except micro-organism;
ii. any biological process which is essential in producing plant or animal, except non-biological process or microbiological process.
Correspondingly, please list exclusions from patentability that exist in your law. Furthermore, please provide the source of those exclusions from patentability if different from the source of the standard of patentability, and provide any available case law or interpretive decisions specific to the exclusions.
[Note from the Secretariat: response not provided.]
2. As background for the exceptions and limitations to patents investigated in this questionnaire, what exclusive rights are granted with a patent? Please provide the relevant provision in the statutory or case law. In addition, if publication of a patent application accords exclusive rights to the patent applicant, what are those rights?
A patent holder shall have the exclusive right to exploit his patent and prohibit any other party who without his consent:
a. In the case of product-patent: makes, uses, sells, imports, rents out, delivers, or makes available for sale or rental or delivery of the patented product;
b. In the case of process-patent: uses the patented production process to make products and commits other activities as referred to in point a.
In the case of process-patent; such prohibition against any other party who without his consent commts the importation shall only apply to imported products solely produced fromt he use of the pertinent process patent. Exempted from the provisions if the use of said patent is for the same of eduction, research, experiment, or analysis, as long as it does not harm the normal interest of the patent holder.
3. Which exceptions and limitations does the applicable law provide in respect to patent rights (please indicate the applicable exceptions/limitations):
The applicable exceptions/limitations are:
a. Experimental use and/or non commercial use:
b. Prior Use;
c. Compulsory licensing and/or government use.
The invention does not include:
1) aesthetic creations;
2) the scheme:
3) rules and methods to perform the following activities:
a. involving mental activity,
b. game,
c. business.
4) rules and methods of computer programs;
5) presentation of an information.
Section 2: Private and/or non-commercial use
4.-10.
[Note from the Secretariat: the applicable law of Indonesia does not provide exceptions related to private and/or non-commercial use.]
Section 3: Experimental use and/or scientific research
11. If the exception is contained in statutory law, please provide the relevant provision(s):
Indonesian Patent Law Article 16, paragraph (3) "Exempted from the provisions as referred to in paragraph (1) and paragraph (2) if the use of said patent is for the sake of education, research, experiment, or analysis, as long as it does not harm the normal interest of the Patent holder.
12. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response not provided.]
13.(a) What are the public policy objectives for providing the exception?
This provision is intended to provide an opportunity for those who really need the use of the invention is only for research and eduction. In addition, the meaning for educational purposes, research, experiment or analysis, covering also the activities for the purpose of bioequivalence testing or other forms of testing.
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
[Note from the Secretariat: response not provided.]
14. Does the applicable law make a distinction concerning the nature of the organization conducting the experimentation or research (for example, whether the organization is commercial or a not-for-profit entity)? Please explain:
No, it does but our government will actually check and control the organization, including whether or not commercial.
15.-22.
[Note from the Secretariat: response not provided.]
Section 4: Preparation of medicines
23. If the exception is contained in statutory law, please provide the relevant provision(s):
In our country statutory regarding drugs not specifically because it is a Government use. On this subject contained in Decree of President of the Republic of Indonesia No. 83 of 2004 Regarding the Exploitation of Patents by the Government on Anti-Retroviral Drugs.
24. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response not provided.]
25.(a) What are the public policy objectives for providing the exception? Please explain:
The exploitation of patent by the government is aimed at fulfilling the urgent need of the public in handling the epidemic HIV/AIDS.
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
[Note from the Secretariat: response not provided.]
26.-30.
[Note from the Secretariat: response not provided.]
Section 5: Prior use
31. If the exception is contained in statutory law, please provide the relevant provision(s):
Indonesia Patent Law Article 13.
32. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response not provided.]
33.(a) What are the public policy objectives for providing the exception? Please explain:
This provision is intended to provide protection for good faith prior user, but does not apply. In this case, the activities done and the implementation of the invention can still be carried out by him as a prior user to limit the patent protection.
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
[Note from the Secretariat: response not provided.]
34. How does the applicable law define the scope of “use”? Does the applicable law provide for any quantitative or qualitative limitations on the application of the “use” by prior user? Please explain your answer by citing legal provision(s) and/or decision(s):
In Indonesia Patent Law the scope of "use" are in paragraph 14.
35.-41.
[Note from the Secretariat: response not provided.]
Section 6: Use of articles on foreign vessels, aircrafts and land vehicles
42.-50.
[Note from the Secretariat: the applicable law of Indonesia does not provide exceptions related to the use of articles on foreign vessels, aircrafts and land vehicles.]
Section 7: Acts for obtaining regulatory approval from authorities
51.-59.
[Note from the Secretariat: the applicable law of Indonesia does not provide exceptions related to acts for obtaining regulatory approval from authorities.]
Section 8: Exhaustion of patent rights
60.-64.
[Note from the Secretariat: the applicable law of Indonesia does not provide exceptions related to exhaustion of patent rights.]
Section 9: Compulsory licensing and/or government use
Compulsory licenses
65. If the exception is contained in statutory law, please provide the relevant provision(s):
About compulsory license are in Indonesia Patent Law paragraph 74 and Government use are in paragraph 99.
66. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response not provided.]
67. What grounds for the grant of a compulsory license does the applicable law provide in respect to patents (please indicate the applicable grounds):
a. Non working or insufficient working of the patented invention
b. Refusal to grant licenses on reasonable terms
c. Anti-competitive practices and/or unfair competition.
68.-80.
[Note from the Secretariat: response not provided.]
Government use
81. If the exception is contained in statutory law, please provide the relevant provision(s):
Government use are in paragraph 99 in Indonesia Patent Law.
82. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response not provided.]
83. What grounds for the grant of government use does the applicable law provide in respect to patents (please indicate the applicable grounds):
a. Public health
b. National security
c. National emergency and/or extreme urgency
84.-88.
[Note from the Secretariat: response not provided.]
Section 10: Exceptions and limitations related to farmers' and/or breeders' use of patented inventions
89.-100.
[Note from the Secretariat: the applicable law of Indonesia does not provide exceptions and limitations related to farmers' and/or breeders' use of patented inventions.]
Section 11: Other exceptions and limitations
101. -103.
Note from the Secretariat: the applicable law of Indonesia does not provide other exceptions and limitations.]
[End of questionnaire]
February 2012