Answer ... A registered patent gives the patent holder the exclusive rights to implement its patented invention and prohibit unauthorised parties within the territory of Indonesia from:
- in relation to a patent on a product, creating, using, selling, importing, leasing or delivering, or supplying for the purpose of selling, leasing or delivering, the patented product; and
- in relation to a patent on a process, using the patented production process to create a product or conduct any other actions as mentioned in the first bullet above.
The prohibition on using a patented production process is applicable only to the import of products that result solely from the use of such patented process.
The patent holder’s rights shall not apply to any parties that use the relevant patent for the purpose of education, research, experiment or analysis, to the extent that this does not harm the reasonable interests of the patent holder.
Answer ... A patent holder can enforce its rights by filing a compensation claim with the commercial court against any party that exploits the patent holder’s rights without authorisation, as mentioned in question 2.1. The patent holder may also seek a temporary injunction from the commercial court in order to:
- prevent the entry of goods that are suspected of infringing the patent holder’s patent and/or rights related to its patent;
- prevent the removal of evidence by the infringer; or
- cease the infringement in order to avoid irreparable harm.
In addition, the holder of a registered patent may file a police report in relation to any infringement of its rights. If the police investigation reveals an infringement, it will be followed by a criminal claim to the district court.
Answer ... Once registered, a patent is valid and enforceable for 20 years as of the filing date. A utility patent is valid and enforceable for 10 years as of the filing date.