CHAPTER I
GENERAL PROVISIONS
CHAPTER II
SCOPE OF PATENTS
CHAPTER III
PATENT APPLICATIONS
CHAPTER IV
ANNOUNCEMENT AND SUBSTANTIVE EXAMINATION
CHAPTER V
TRANSFER AND LICENSE OF A PATENT
CHAPTER VI
REVOCATION OF PATENTS
CHAPTER VII
EXPLOITATION OF PATENT BY THE GOVERNMENT
CHAPTER VIII
SIMPLE PATENTS
CHAPTER IX
AN APPLICATION THROUGH PATENT COOPERATION TREATY
CHAPTER X
ADMINISTRATION OF PATENT
CHAPTER XI
FEES
CHAPTER XII
PROVISIONAL DECISION* BY THE COURT
CHAPTER XIII
INVESTIGATION
CHAPTER XIV
CRIMINAL PROVISIONS
CHAPTER XV
TRANSITIONAL PROVISIONS
CHAPTER XVI
CLOSING PROVISIONS
Part Two
Duration of Patents

Article 8

  1. A patent shall be granted for a period of 20 (twenty) years, which cannot be extended, commencing from the filing date
  2. The date of commencing and expire of the patent shall be recorded and announced.

Article 9

A simple patent shall be granted for a period of 10 (ten) years, which cannot be extended, commencing from the filing date.

Part Three
Subject of Patents

Article 10

  1. An inventor or subsequent recipient of the rights of the inventor shall be entitled to obtain a Patent
  2. If an invention is produced jointly by several persons, the right on the invention shall belong to the relevant inventors.

Article 11

Unless proven otherwise, those who are firstly declared as the inventor in the application shall be deemed to be the inventor.

Article 12

  1. Unless agreed otherwise in an employment contract, the party entitled to obtain a patent on an invention produced shall be the one who has commissioned the work
  2. The provision as referred to in paragraph (1) shall also be applicable to an invention by an employee or a worker using data and/or facilities available in his work, even though the employment contract does not require him to produce an invention
  3. An inventor as referred to in paragraph (1) and paragraph (2) shall be entitled to receive just compensation by considering the economic benefit that can be obtained from said invention
  4. The amount of compensation as referred to in paragraph (3) may be paid:
    1. In a certain amount or in a lump sum
    2. As a percentage
    3. As a combination or a lump sum together with a gift or bonus
    4. A combination of percentage with a gift or bonus, or
    5. any other forms agreed by the parties,
      the amount of which shall be determined by the parties concerned.
  5. Where no agreement can be reached regarding the method of calculation and the determination of the amount of compensation, the Commercial Court may be requested to decide the matter
  6. The provisions as referred to in paragraph (1), Paragraph (2) and paragraph (3) shall not in any way invalidate the right of the inventor to have his name included in the patent certificate.

Article 13

  1. By obeying the other provisions under the law, a party who exploits an invention at the time a similar invention is filed for patent shall still be entitled to exploit the invention as a prior user, even though the similar invention is then granted a patent
  2. The provisions as referred to in paragraph (1) shall also be applicable to any application that is filed with priority right.

Article 14

The provisions as referred to in article 13 shall not be applicable to any application the invention as a prior user, exploits the invention by using the knowledge about the invention from the description, drawings, or any other information from the invention for which a patent is requested.

Article 15

  1. The party who exploits an invention as referred to in article 13 shall only recognized as the prior user, if after a patent has been granted for the same invention, he submits a request for such purpose at the Directorate general
  2. A request for recognition as a prior user shall be furnished with evidence that the exploitation of said invention was not performed by using a description, drawing, or sample of, or other information on the invention for which a patent has been requested
  3. The recognition as the prior user shall be issued by the Directorate General in the form of a Prior User Certificate upon payment of a fee therefore
  4. A Prior User Certificate shall expire at the same time as the expiry of the patent for the same invention
  5. The procedure for obtaining the recognition as a prior user shall be regulated by a Government Regulation.
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