CHAPTER II
SCOPE OF PATENTS
Part One
Patentable Inventions
Article 2
- A patent shall be granted to an invention which is novel, involves inventive step and is susceptible of industrial application
- An invention shall be considered involving inventive step if such invention is not obvious to a person having certain skill in technical field
- Deciding whether an invention constitutes something that is obvious should be made taking into account the state of the art at the time the application is filed or which has existed at the time the first application was filed, in case the application is filed on the basis of a priority right
Article 3
- An invention shall be considered to be new if at the date of filing the application said invention is not the same with any previously disclosed technology
- The previously disclosed technology as referred to in paragraph (1) is the technology which has been announced in Indonesia or outside Indonesia in writing, by a oral description or by a demonstration, or in other way which enable a skilled person to implement the invention before:
- The filing date, or
- The priority date.
- The previously disclosed technology as referred to in paragraph (1) includes the documents of applications as filed in Indonesia, which have been published on or after the filing date of application being examined and which have a filing date that is prior to the filing date or priority date of application being examined.
Article 4
- An invention shall not be deemed to have been announced, if within a period of at most 6 (six) months before the filing date :
- The invention has been displayed at an officially recognised international exhibition in Indonesia or abroad or at an official and officially recognised national exhibition in Indonesia
- The invention has been implemented in Indonesia by its inventor in relation to experimentation for purposes of research and development.
- An invention shall also not be deemed to have been announced, if, within a period of 12 (twelve) months by the filing date, it was announced by any other person by way of breaching an obligation to preserve the confidentiality of the relevant invention.
Article 5
An invention shall be considered as susceptible of industrial application if it can be implemented in the industrial as described in the application.
Article 6
Any invention in the form of a product or device, which is new and possesses practical use values because of its shape, configuration, construction, or component may be granted a legal protection in the form of a Simple Patent.
Article 7
Patents shall not be granted to any inventions regarding:
- Process or product the publications and exploitation of which would be contrary to the prevailing rules and regulations, religious morality, ordre public or ethics,
- Methods for examination, treatment, medication, and/or surgery practised on the human and animal,
- Scientific theories and mathematical methods, or
- i. living creatures, except for microorganisms
ii. essentially biological processes for the production of plants or animals other than non-biological process or microbiological process
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