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Jakarta Post

How to avoid the possibility of infringing patent rights in Indonesia

  • Damar Swarno Dwipo and P. Togi Edward Sihaloho

Jakarta   /   Fri, September 23 2011   /  09:37 am

An invention may be protected by a (normal) patent or a simple patent. In order to get a (normal) patent, the invention as disclosed in the patent application must be novel (new), involve inventive steps and be industrially applicable, while to get a simple patent, an invention only requires novelty and industrial applicability.

Processes, uses, chemical compositions cannot be claimed in simple patents, but are claimable only in normal patents.

The novelty requirement requires an invention to be new compared to any prior art published anywhere in the world before the filing date of the invention. Prior art means any technical information in the form of written publications, sales, public oral disclosures and public demonstrations or uses. The inventive step requires that a patentable invention should have technical advances over the prior arts. The industrial applicability...