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Understanding Intellectual Property and Patents

Oct 1, 2024

Notes on Intellectual Property and Patents

Introduction

  • Technology is evolving rapidly in the digital era.
  • Technological innovations often come with patents.

Understanding Patents

  • Patent: Protection of Intellectual Property (IP) resulting from intellectual thought that leads to beneficial products or processes.
  • Intellectual Property (IP): Rights stemming from creative activities that provide economic benefits.
  • Patent Origin: The term "patent" comes from the Latin word "patere," meaning "to be open."
    • Inventions must be published and accessible to the public.

Patent Rights

  • Countries grant exclusive rights to inventors for a specified duration according to Law Number 13 of 2016.
  • Key Definitions:
    • Inventor: Individual(s) who develop an idea into a practical invention.
    • Invention: An idea that provides a solution to a problem, which can include products, processes, systems, and methods.

Duration of Patent Protection

  • Ordinary Patents: Protection lasts for 20 years.
  • Simple Patents: Protection lasts for 10 years.
  • Patent protection in Indonesia begins from the date of filing and is non-extendable.

Filing a Patent Application

  • Requirements Before Filing:
    • Ensure the invention has not been published (or published within 6 months in closed settings or scientific forums).
    • Conduct comparative document searches and patentability analysis to meet:
      • Novelty
      • Inventive Step
      • Industrial Applicability

Role of LIPI

  • LIPI (Indonesian Institute of Sciences) is the largest patent producer in Indonesia.
  • The Center for Innovation at LIPI has managed IP since 2001, producing over 750 patents from 1991 to September 2018.

Benefits of Patents

  • Serve as legal protection for intellectual property.
  • Provide moral recognition to innovators for their scientific and technological contributions.
  • Encourage innovation and creativity.
  • Enhance scientific and technological competitiveness in industries.
  • Contribute positively to the economy of the country.