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Patent law in Tangerang, Indonesia, falls under the national Indonesian patent regulations. According to the Indonesian Patent Law, a patent is a form of Intellectual Property Rights that can be obtained for an invention. The invention can be in the form of a product or a process that presents a new way of doing something or offers a new technological solution to a problem.
Understanding patent laws and navigating the patent registration process can be complex. You may need a lawyer to help interpret the law, guide you in the preparation of your patent application, and represent you in legal proceedings in case of patent infringement claims. A lawyer can also provide advice on the negotiation and drafting of patent licensing agreements.
Indonesia operates on a "first to file" patent system. As such, the priority is given to the first person to file a patent application regarding a specific invention. The patent law also provides protection for a period of 20 years from the date of filing. Furthermore, Indonesia adheres to the Paris Convention, thus the patent application in Indonesia benefits from a priority right based on a corresponding application filed in another convention country.
Indonesia recognizes three types of patents: Standard patents for new inventions, Simple patents for new inventions that have a shorter 'product life', and Secrecy patents, for inventions relevant to national defense.
The process generally takes between 24 to 36 months from the date of filing the application.
A patent in Indonesia can be challenged by petitioning for a cancellation action to the Commercial Court.
Yes, foreigners can apply for a patent in Indonesia but they must appoint an agent residing in Indonesia to represent them before the patent office.
If you don't patent your invention, others may be able to use, sell, or manufacture your invention without your permission and without owing you any compensation.
The Directorate General of Intellectual Property under the Ministry of Law and Human Rights of the Republic of Indonesia is a valuable resource when it comes to understanding patents. They have a website where they publish relevant updates and guidelines. Another resource is the Indonesian Association of Intellectual Property Consultants, which provides professional advice on Intellectual Property Rights.
If you need legal assistance with patents in Tangerang, it's essential that you consult with a lawyer who specializes in patent law. They can help you prepare and file your patent application, or defend your existing patent rights in a legal dispute. It's advisable to prepare all relevant documents and details about your invention before consulting your lawyer.
