No Need to Worry! Here’s the Solution if the Patent Application is Denied

Do you have a patent on your brand? Where the patent itself is an exclusive right owned by the inventor (inventor) for his innovation in the field of technology for a certain period of time. To obtain a patent, you need to make a patent application to the Minister of Law and Human Rights (Menkumham) and later it will be decided whether the application will be accepted or rejected. So, what if the patent application is rejected? In this article, let’s discuss patent rights and what needs to be done when a patent application is rejected.

What is a Patent?

Quoted from the DJKI website, a patent is an exclusive right for inventors for their inventions in the field of technology granted by the government for a certain period of time to carry out themselves or give approval to other parties to carry out their inventions. This right makes it easier for inventors to develop their innovations without worrying about infringement. With patents, inventors can protect their intellectual property, so that not just anyone can duplicate or sell patented products or services. However, it is important to note that in order to obtain the right to this patent, the inventor must file a patent application at the DJKI of the Ministry of Law and Human Rights. Where the invention must meet the following criteria:

1. Must have an element of novelty;
2. Must involve inventive measures;
3. Must be applicable in industry.

As with simple patents, if an invention is a refinement of a previous invention, then the criteria that must be met include:

1. Must have an element of novelty;
2. Must be a development of an existing product or process;
3. Must have a practical use;
4. Must be applicable in industry.

Patent Application Procedure

After fulfilling the above criteria, the inventor can then register his patent online or offline with the DGKI by attaching the following required documents:

1. Description of patent application in Bahasa Indonesia;
2. Claim;
3. Abstracts;
4. Invention drawings and drawings for publication
5. Declaration of ownership of the invention by the inventor
6. Transfer of rights letter (if the inventor and inventor are different or the applicant is a legal entity)
7. Power of attorney (if submitted through a consultant)
8. UMK certificate (if the applicant is a micro or small business)
9. Notary-approved certificate of establishment of legal entity

After fulfilling the requirements, the applicant can register for a patent by following the following procedure:

1. The applicant comes to the Regional Office of the Ministry of Law and Human Rights DKI Jakarta with registration documents
2. Applicant to the counter officer to submit the registration file
3. Officer checks the completeness of the registration application file
4. Officer gives payment voucher
5. Officer inputs the application through e-filling
6. The clerk prints the registration receipt
7. Followed up by the Directorate General of IP until the issuance of the certificate

What if the Patent Application is Rejected?

Yes, a patent application may be rejected and not get protection even though it has fulfilled the patent requirements. If the patent is rejected, then KH Friend can appeal to the Patent Appeal Commission. According to Article 3 paragraph (1) of the Patent Law, here are some steps that need to be considered when appealing a patent application:

1. An appeal can be filed through the Patent Appeal Commission or by filling out a form on the official website of the DGKI
2. An appeal can be filed within a maximum of three months from the receipt of the notice of patent opposition.
3. Provide complete information in the patent appeal such as:

• Grounds for objection to the appeal through submission of written documents;
• Evidence and descriptions that substantiate the grounds for appeal;
• Proof of payment for the appeal;
• A copy of the description, claims, and drawings on which the rejection was based and which were first submitted;
• A copy of the patent opposition notification letter;
• Copies of correspondence during the substantive examination process;
• Power of attorney (if the application is submitted through a legal representative).

After fulfilling the application requirements and procedures, the patent will be examined for one month, then within six months from the date of examination, you will receive a decision on whether or not the appeal is accepted.

KH Contact

How, did KH Friend also experience a patent application that was rejected? Or are you still confused about the terms and procedures of patent applications so you are worried that it will be rejected? Leave it to Contract Law!

READ ALSO: Know the Difference between Copyright and Patent

We can help you to register a patent easily and safely with a competent and officially registered IPR consultant, so it is guaranteed to be auto accepted by the DJKI! Let’s make your patent affairs easier by visiting the KH Services – Intellectual Property page. If you have questions about other intellectual property and business needs, you can also consult with us at Ask KH or via direct message (DM) to Instagram @kontrakhukum.