2006 Alpha International Patent. All rights reserved.
Requirements for Filing a Patent Application
- Executed Power of Attorney (no legalization is required)
- Assignment from the inventor(s) to Applicant(s)
- Priority Documents, on claiming priority
- Patent Specification, containing description, drawings (if any), claims and abstract
- In case of entering National Phase of PCT application Patent Specification and Priority Documents are not needed
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What is Patent?
Patent shall mean an exclusive right granted by the State to an Inventor for his Invention in the field of technology, for a certain time, to exploit his Invention or to authorize another person to exploit it.
Patentable Inventions
- A Patent shall be granted to an Invention, which is novel, involves an inventive step and is susceptible of industrial application.
- An Invention shall be considered to involve an inventive step if said Invention does not constitute something that is obvious to a person skilled in the art.
- The evaluation of whether or not an Invention constitutes something that is obvious must 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.
Rights and Obligations of a Patent Holder
A Patent holder shall have the exclusive right to exploit his Patent and prohibit any other party who without his consent:
a. in the case of product-Patent: makes, uses, sells, imports, rents out, delivers,
or makes available for sale or rental or delivery of the Patented product;
b. in the case of process-Patent: uses the Patented production process to make
products and commits other activities as referred to in point a.
Criminal Provisions
- Any person who deliberately and without rights infringes the rights of a Patent Holder by committing any of the acts as referred to in Article 16 shall be sentenced to imprisonment of at most 4 (four) years and/or a fine of at most Rp.500,000,000.00 (five hundred million rupiahs).
- Any person who deliberately and without rights violates the rights of a Simple Patent holder by committing any of the acts as referred to in Article 16 shall be sentenced to imprisonment of at most 2 (two) years and/or a fine of at most Rp.250,000,000.00 (two hundred and fifty million rupiahs).