Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Patents
1.
Legal framework
1.1
What are the sources of patent law in your jurisdiction?
Indonesia

Answer ... Patents in Indonesia are governed by the Patent Law (Law No. 13 of 2016). In addition, there are several implementing regulations to the Patent Law:

  • Government Regulation No. 27 of 2004 on the Procedure for Patent Implementation by the Government;
  • Government Regulation No. 36 of 2018 on the Recordation of Intellectual Property Licence Agreements;
  • Presidential Regulation No. 37 of 2010 on the Procedure for Recordation of Patent Assignments;
  • Regulation of the Minister of Law and Human Rights No. 15 of 2018 on Patent Implementation by the Patent Holder;
  • Regulation of the Minister of Law and Human Rights No. 38 of 2018 on Patent Applications;
  • Regulation of the Minister of Law and Human Rights No. 39 of 2018 on the Procedure for Grant of Mandatory Patent Licences; and
  • Regulation of the Minister of Law and Human Rights No. 3 of 2019 on the Patent Appeal Commission.

For more information about this answer please contact: Dewi Soeharto from Assegaf Hamzah & Partners
1.2
Who can register a patent?
Indonesia

Answer ... The inventor or any party that receives the rights to a patent from the inventor. The inventor is the party whose name is stated as such in the relevant patent application, unless proven otherwise.

For more information about this answer please contact: Dewi Soeharto from Assegaf Hamzah & Partners