Definition of Patent
A patent is an exclusive right granted by the state to an inventor for their invention in the field of technology for a certain period of time to implement the invention themselves or to grant approval to other parties to implement it.
The period of patent protection is 20 years from the filing date, while for a simple patent it is 10 years.
The inventor has protected legal rights to permit or prohibit other parties from: making, using, distributing, selling, or importing products covered by the patent claims.
Patentability requirements for an invention:
- The invention must be new (novelty);
- The invention must involve an inventive step;
- The invention must be industrially applicable (industrial applicability).
Legal Basis:
UNDANG-UNDANG NOMOR 13 TAHUN 2016 TENTANG PATEN
UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 65 TAHUN 2024 TENTANG PERUBAHAN KETIGA ATAS UNDANG-UNDANG NOMOR 13 TAHUN 2016 TENTANG PATEN
Requirements for Patent Registration Application
- Patent Description (Word file) download
- Patent Drawings (Word file) download
- Assignment of Invention Letter
- Statement of Invention Letter
- Copy of Inventor's ID Card/KTP (PDF file)
- Copy of Director's ID Card/KTP (if the applicant is a legal entity)
- Copy of Company's Deed of Establishment legalized by a notary (if the applicant is a legal entity)
Application Procedure
- Register an account on the DKST ITB website https://simik.itb.ac.id/
- Fill out and complete the online patent registration form on the DKST ITB website https://simik.itb.ac.id/
- Upload the patent description document, patent drawings, and ID cards (KTP) of all inventors
- Actively communicate with the DKST patent drafter
Definition of Copyright
Copyright is an exclusive right of the creator that arises automatically based on the declarative principle after a creation is manifested in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations.
Related Rights are rights related to Copyright which constitute an exclusive right for performers, phonogram producers, or broadcasting organizations.
Period of Copyright Protection:
- Copyright Protection: Lifetime of the Creator + 70 Years.
- Computer Program: 50 years since it was first published.
- Performers: 50 years since it was first performed.
- Record Producers: 50 years since the Creation was fixed.
- Broadcasting Organizations: 20 years since it was first broadcast.
Works that can be protected:
Books, computer programs, pamphlets, typographic arrangements (layouts) of published written works, and all other written works; Lectures, talks, speeches, and other similar creations; Visual aids made for educational and scientific purposes; Songs or music with or without lyrics; Drama or musical drama, dance, choreography, puppetry (wayang), and pantomime; Fine arts in all forms such as painting, drawing, engraving, calligraphy, carving, sculpture, collage, and applied art; Architecture; Maps; Batik art; Photography; Translations, interpretations, adaptations, anthologies, and other works resulting from transformation.
Legal Basis:
UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA
Requirements for Copyright Registration Application
- Copyright Document
- Assignment of Invention Letter
- Statement of Invention Letter
- Copy of Inventor's ID Card/KTP (PDF file)
- Copy of Director's ID Card/KTP (if the applicant is a legal entity)
- Copy of Company's Deed of Establishment legalized by a notary (if the applicant is a legal entity)
Application Procedure
- Register an account on the DKST ITB website https://simik.itb.ac.id/
- Fill out and complete the online copyright registration form on the DKST ITB website https://simik.itb.ac.id/
- Upload the copyright document and ID cards (KTP) of all inventors
- Actively communicate with the DKST TTO Team
Definition of Trademark
A trademark is a sign capable of being represented graphically in the form of a picture, logo, name, word, letter, number, color arrangement, in 2 (two) dimensional and/or 3 (three) dimensional forms, sound, hologram, or a combination of 2 (two) or more of these elements to distinguish goods and/or services produced by persons or legal entities in trading goods and/or services.
A registered trademark receives legal protection for a period of 10 years from the filing date of the trademark registration application concerned, and that protection period can be extended.
Reasons for Trademark rejection:
- It has a similarity in its essential features or in its entirety to a Trademark owned by another party that has been registered earlier for the same kind of goods and/or services;
- It has a similarity in its essential features or in its entirety to a well-known Trademark owned by another party for the same kind of goods and/or services;
- It has a similarity in its essential features or in its entirety to a well-known Trademark owned by another party for different kinds of goods and/or services, provided that it meets certain requirements further stipulated by government regulation;
- It has a similarity in its essential features or in its entirety to a known geographical indication;
- It constitutes or resembles the name of a famous person, a photograph, or the name of a legal entity owned by another person, except with the written consent of the rightful owner;
- It constitutes an imitation or resembles a name or abbreviation of a name, flag, coat of arms, or symbol or emblem of a state or a national or international institution, except with the written consent of the competent authority;
- It constitutes an imitation or resembles an official sign, seal, or stamp used by the State or government institutions, except with the written consent of the competent authority.
Legal Basis:
Undang-Undang Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis
Requirements for Trademark Registration Application
- Etiquette/Logo (JPG)
- Assignment of Invention Letter
- Statement of Invention Letter
- Copy of Inventor's ID Card/KTP (PDF file)
- Copy of Director's ID Card/KTP (if the applicant is a legal entity)
- Copy of Company's Deed of Establishment legalized by a notary (if the applicant is a legal entity)
Application Procedure
- Register an account on the DKST ITB website https://simik.itb.ac.id/
- Fill out and complete the online trademark registration form on the DKST ITB website https://simik.itb.ac.id/
- Upload the etiquette/logo and ID cards (KTP) of all inventors
- Actively communicate with the DKST TTO Team
Definition of Industrial Design
An industrial design is a creation of the shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in a three-dimensional or two-dimensional form that gives an aesthetic impression and can be realized in a three-dimensional or two-dimensional pattern, and can be used to produce a product, goods, an industrial commodity, or a handicraft.
Industrial Designs that can be registered are:
- Industrial Designs that possess novelty, provided that on the filing date of the Industrial Design registration application, it is not identical to any prior disclosure of an Industrial Design;
- Those that do not contradict prevailing laws and regulations, public order, religion, or morality.
The period of Industrial Design protection is 10 years from the filing date.
Legal Basis:
Undang-Undang Nomor 31 Tahun 2000 Tentang Desain Industri.
Requirements for Industrial Design Registration Application
- Industrial Design Description (Word file) download
- Industrial Design Drawings (Word file) download
- Assignment of Invention Letter
- Statement of Invention Letter
- Copy of Inventor's ID Card/KTP (PDF file)
- Copy of Director's ID Card/KTP (if the applicant is a legal entity)
- Copy of Company's Deed of Establishment legalized by a notary (if the applicant is a legal entity)
Application Procedure
- Register an account on the DKST ITB website https://simik.itb.ac.id/
- Fill out and complete the online industrial design registration form on the DKST ITB website https://simik.itb.ac.id/
- Upload the etiquette/logo and ID cards (KTP) of all inventors
- Actively communicate with the DKST TTO Team
Definition of DTLST
A Layout Design of Integrated Circuits is a creation in the form of a three-dimensional layout design of various elements, at least one of which is an active element, as well as some or all of the interconnections in an integrated circuit, and the three-dimensional layout is intended for the preparation of making an integrated circuit.
The period of DTLST protection is 120 years from the filing date.
Legal Basis:
Undang-undang (UU) No. 32 Tahun 2000. Desain Tata Letak Sirkuit Terpadu.
Requirements for Patent (DTLST) Registration Application
- DTLST Description (Word file) download
- DTLST Drawings (Word file) download
- Assignment of Invention Letter
- Statement of Invention Letter
- Copy of Inventor's ID Card/KTP (PDF file)
- Copy of Director's ID Card/KTP (if the applicant is a legal entity)
- Copy of Company's Deed of Establishment legalized by a notary (if the applicant is a legal entity)
Application Procedure
- Register an account on the DKST ITB website https://simik.itb.ac.id/
- Fill out and complete the online DTLST registration form on the DKST ITB website https://simik.itb.ac.id/
- Upload the DTLST description document, DTLST drawings, and ID cards (KTP) of all inventors
- Actively communicate with the DKST TTO Team
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