Want to Register a Patent? Know About Invention & Its Types

Patents are exclusive rights granted by the state to inventors for their inventions in the field of technology for a certain period of time. Now, talking about patents, it is closely related to inventions. Where patents and inventions have been regulated in Law No. 13 of 2016 concerning Patents (Patent Law). Whether or not a patent registration is accepted depends on the assessment of the invention to be registered. Registering a patent on an invention also cannot be arbitrary. There are requirements for an invention to be registered for a patent. Therefore, let’s know what an invention is and what is considered an invention in the following article.

What is an Invention?

Article 1 number 1 of the Patent Law defines a patent as an exclusive right granted by the state to an inventor for his/her invention in the field of technology for a certain period of time to carry out the invention himself/herself or to give consent to other parties to carry it out. From this definition, Article 1 point 2 of the Patent Law then defines invention as the result of an inventor’s idea that has taken the form of a specific problem-solving activity in the field of technology in the form of a product or process, or the improvement and development of a product or process. Article 1 point 3 of the Patent Law defines an inventor as a person or several persons who jointly carry out an idea that is poured into an activity that produces an invention. Thus, patents, inventions, and inventors are related to each other.

What are the things that constitute an invention?

According to Article 4 of the Patent Law, the following things are not considered inventions:

Aesthetic creation
Scheme
Rules and methods for activities: 1. mentally involving 2. Games, 3. Business
Rules and methods that contain only computer programs
Presentation of information
Discoveries include: 1. New uses for existing products 2. A new form of an existing compound

The games referred to above are rules related to physical human play activities. For example, the rules of playing soccer or other games. Meanwhile, business is a business method that does not have the character and effect of technique at all. For example, business models or business cooperation models. Meanwhile, a computer program that is not considered an invention is one that only contains a program without having character, technical effects, and problem solving. If the computer program has characters (instructions) that have technical effects and functions to produce solutions, then it is an invention that can be granted a patent. Examples are algorithms and information encryption.

Types of Patentable Inventions

Furthermore, Article 5 of the Patent Law has regulated what kind of invention can be applied for a patent, among others:

An invention can be considered a stone and can be applied for a patent when at the date of acceptance, the invention is not the same as previously disclosed technology (Article 5 paragraph (1) of the Patent Law).
Technology referred to as invention as per Article 5 paragraph (1) of the Patent Law is technology that has been announced in Indonesia or outside Indonesia in the form of writing, oral description, or through demonstration, use, or in any other way enabling an expert to implement the invention before the date of acceptance or the priority date in the event that the application is filed with priority rights (Article 5 paragraph (2) of the Patent Law).
The disclosed technology as referred to in paragraph (1) includes other application documents filed in Indonesia that are published on or after the date of receipt for which substantive examination is being conducted, but the date of receipt is earlier than the date of receipt or the priority date of the application (Article 5 paragraph (3) of the Patent Law).

In relation to paragraph (2) of the article, there is an exception that an invention is not deemed to have been announced if within a maximum period of six months before the date of acceptance, the invention has been:

Exhibited in an official exhibition or in an exhibition recognized as an official exhibition, whether held in Indonesia or abroad;
Used in Indonesia or abroad by the inventor in the framework of experiments with the purpose of research and development;
Announced by its inventor in:

Scientific sessions in the form of examinations and/or examination stages of thesis, thesis, dissertation, or other scientific works; and/or
Other scientific forums in order to discuss research results in educational institutions or research institutions.

In addition, an invention is not considered to have been announced if, within 12 months prior to the date of acceptance, another party has made an announcement in breach of the obligation to keep the invention confidential.

Unpatentable Inventions

If Article 5 of the Patent Law regulates the types of inventions that can be patented, on the contrary, Article 9 of the Patent Law regulates the inventions that cannot be applied for a patent as follows:

A process or product whose announcement, use, or implementation is contrary to laws and regulations, religion, public order, or decency;
Methods of examination, treatment, medication and/or surgery applied to humans and/or animals;
Theory and methods in science and mathematics;
Living things, except microorganisms; or
A biological process essential for producing plants or animals, excluding non-biological processes or microbiological processes.

Cover

This is an explanation of invention and what constitutes a patentable invention. Thus, before filing a patent application, it is important for an inventor to conduct a search related to previous technologies in the same field of invention to see the differences between the invention for which a patent application will be filed and previous technologies. After that, it is also important to analyze whether there are any special features of the invention for which the patent application is being filed compared to the prior art. If there are, then the patent application can be filed.

On the other hand, if no special characteristics are found, then the invention should not be filed rather than incurring the cost of filing a patent application.

KH Contact

After knowing what an invention is and the kinds of inventions that can be registered as patents, KH pals can apply for a patent. Remember, do not delay because the patent system in Indonesia adheres to the first to file system, where the party who submits the first patent application is considered the patent holder, provided that all requirements must be met. Now, if you need help or have questions about inventions, patents, including the procedures for registration, contact Kontrak Hukum immediately. We provide registration and transfer services for patents/brands/copyrights/industrial designs with competent and officially registered IPR consultants. For service information, please visit KH Services – Intellectual Property page. If you have any other intellectual property questions, please do not hesitate to consult with us for free at Ask KH or via direct message (DM) to Instagram @kontrakhukum.