Answer ... The validity of an issued patent can be challenged in the Patent Appeal Commission, as well as before the commercial court.
Answer ... Any interested party may appeal an issued patent to the Patent Appeal Commission within nine months of the issuance date of the relevant patent.
In addition, any third party, other patent holder or its licensee, the public prosecutor or a national representative representing the interests of a patent holder or compulsory patent holder may file a claim with the commercial court to delete a registered patent at any time.
Answer ... The grounds to invalidate an issued patent before the Patent Appeal Commission are as follows:
- The issued patent does not meet the criteria of a patent;
- The invention subject of the issued patent satisfies one of the non-invention criteria or the non-patentable criteria; and/or
- The issued patent is the same as the invention in a previously issued patent.
A claim to delete an issued patent may also be filed to the commercial court based on the above grounds, in addition to the following:
- The patent holder is not manufacturing or using the patented product/process in Indonesia; and/or
- In the case of a compulsory patent, the grant of a compulsory licence has not prevented the implementation of the patent in a way that is detrimental to the public interest within two years of the issuance of such compulsory licence.
Answer ... The Patent Law includes no provisions on the evidentiary standard to invalidate a registered patent. When submitting a claim for cancellation, the plaintiff must also submit all evidence deemed necessary, including written evidence such as previous inventions or registered patents and testimony from expert witness, to support its cancellation claim.
Answer ... See question 4.3.
Answer ... At the Trademark Appeal Commission, any third party and other patent holders or their licensees can oppose a granted patent based on the first set of grounds listed in question 4.3. Meanwhile, a claim to delete a granted patent may be submitted to the commercial court based on the same grounds by other patent holders or their licensees.
Public prosecutors and national representatives representing the interests of a patent holder or compulsory patent holder can oppose a granted patent based on the second set of grounds listed in question 4.3.
Answer ... An opposition against an issued patent must be filed with the Patent Appeal Commission within nine months of the issuance date of the relevant patent.
If the Patent Appeal Commission rejects the opposition, the challenging party may file a claim to the commercial court within three months of the delivery date of the notice of rejection.
Answer ... See the first set of grounds listed in question 4.3.
Answer ... When an opposition in the form of an appeal petition is filed, the Patent Appeal Commission may:
- reject the appeal petition;
partially grant the appeal petition, which will be followed by revision of the relevant patent certificate by the Minister of Law and Human Rights; or
- fully grant the appeal petition, which will be followed by revocation of the relevant patent certificate by the Minister of Law and Human Rights.
With regard to the outcomes listed in the second and third points above, the DGIP will record and announce the Patent Appeal Commission’s decision in electronic and/or non-electronic media.
Answer ... The Board of Appeal at the Patent Appeal Commission will apply the legal standards set out in the Patent Law and Patent Appeal Commission Regulation. As stipulated in this regulation, the Board of Appeal will receive, review and decide on the appeal petition. In carrying out these duties, the Board of Appeal is entitled to undertake several functions, including examination, review, assessment and analysis. In addition, the Board of Appeal is authorised to carry out the following actions:
- summon and hear the appeal applicant, patent holder and/or patent examiner;
- summon and hear any witnesses and experts;
- carry out further searches and examinations;
- request any evidence related to the appeal petition;
- request additional evidence (if needed) related to the appeal petition;
- carry out the examination; and
- decide on the appeal petition.
An appeal to challenge or oppose an issued patent must detail the reasoning for such appeal and be supported by substantive evidence. The burden of proof will be borne by the applicant.
Answer ... Yes. If the Patent Appeal Commission rejects an appeal petition, the challenging party may file a claim to the commercial court within three months of the delivery date of the notice of rejection.