Hak Paten (UU No.13 Tahun 2016) || MK Hukum Bisnis

Summary

This video script explains the concept of patents, focusing on their significance in protecting technological inventions. It outlines the key requirements for a patent, including novelty, inventive step, and industrial applicability. The script also describes the process of applying for a patent and the consequences of patent infringement, emphasizing the legal protections offered to inventors. By exploring the impact of patents on innovation, economic growth, and intellectual property, it encourages creators to protect their work and highlights the value of patents in fostering technological progress.

Takeaways

• 😀 Patents are exclusive rights granted to creators for their inventions, protecting their intellectual property in the field of technology.
• 😀 Inventions must be new, inventive, and capable of being applied in industry to be eligible for patent protection.
• 😀 The patent system provides protection for inventors, preventing others from using, selling, or profiting from their creations without permission.
• 😀 An invention is considered new if it has not been previously published or exhibited, and it must not be identical to existing patents.
• 😀 A patent application must demonstrate creativity and problem-solving, offering a unique solution to a specific technological issue.
• 😀 Industrial applicability is essential; an invention must be reproducible and function consistently every time it is produced.
• 😀 Patents are divided into two categories: regular patents for completely new inventions and simple patents for improvements to existing ones.
• 😀 Regular patents are protected for 20 years, while simple patents have a protection period of 10 years.
• 😀 The legal consequences of patent infringement include significant penalties, such as prison sentences and hefty fines, depending on the severity of the violation.
• 😀 Educational institutions like universities contribute significantly to the innovation landscape and are major sources of patents in Indonesia.
• 😀 Patents promote the development of science and technology, encouraging creativity, improving industry competitiveness, and contributing to economic growth.

Q & A

What is a patent according to the Indonesian Intellectual Property Law?

A patent is a legal right granted by the government to an inventor for their invention, providing exclusive rights to use or license the invention for a certain period, as stated in Indonesia's Law No. 13 of 2016.

What are the two key terms related to patents mentioned in the script?

The two key terms are 'invention' (invensi) and 'inventor' (inventor). The inventor is the creator of the invention, while the invention is the product or solution created by the inventor.

What are the requirements for an invention to be patentable in Indonesia?

The invention must meet three key criteria: novelty (the invention must be new), inventive step (it must be a creative solution), and industrial applicability (it must be reproducible and consistently functional).

What is the meaning of 'novelty' in the context of patent applications?

'Novelty' means the invention must be new and not previously published or exhibited in any form, including media or exhibitions. If an invention is publicly disclosed before the patent application, it may not be considered novel.

What is an example of an invention with an inventive step?

An example of an inventive step is a pen with a mechanism that allows the cap to retract into the body, solving the problem of frequently losing pen caps. A simple string to hold the cap wouldn't qualify as inventive.

What are the two types of patents in Indonesia?

The two types of patents are 'standard patents' (for completely new inventions) and 'simple patents' (for improvements on existing inventions).

How long do patents last in Indonesia?

Standard patents are protected for 20 years, while simple patents have a protection period of 10 years.

What is the process of applying for a patent in Indonesia?

Before applying for a patent, the invention should not have been published for more than six months. The applicant must also conduct a prior art search to ensure the invention meets the novelty requirement.

What are the consequences of patent infringement in Indonesia?

Infringement of a patent can result in criminal penalties, including imprisonment and fines. For standard patent violations, the penalty can be up to 4 years in prison and a fine of up to 1 billion rupiah, while simple patent violations carry a penalty of up to 2 years in prison and fines up to 500 million rupiah.

What impact does patent protection have on innovation and the economy?

Patent protection encourages innovation by offering legal recognition and exclusive rights to inventors, fostering creativity. It also contributes to the growth of industries, enhances the country's competitiveness, and boosts the economy by supporting knowledge-based products.