A patent is an exclusive right granted by the state to an inventor for the results of his invention in the field of technology for a certain period of time to carry out the invention himself or to give permission to another party to carry it out.

Some things to pay attention to when applying for a patent:

Non-Patentable Inventions

Basically, an invention can be granted a patent for all results/works in the field of technology which can be in the form of products or processes, or improvements and development of products or processes, however there are several inventions which cannot be granted a patent or a simple patent as mentioned in Article 9 of the Law.

Patent No. 13/2016. Inventions that cannot be granted a Patent or Simple Patent include:

1. Processes or products whose announcement, use, or implementation violates laws and regulations, religion, public order, or morality;
2. Examination, treatment, medication and/or surgical methods applied to humans and/or animals; “Examination method” and “treatment method” refer to the methods
3. Diagnosis and treatment methods in the medical field. In cases where examinations, treatments, medication, and surgery use medical equipment. This provision applies only to inventions in the form of methods; medical equipment, including tools, materials, and drugs, is not included in this provision.
4. Theories and methods in science and mathematics;
5. Living things, except for microorganisms; Living things include humans, animals, or plants, while microorganisms are living things that are very small and cannot be seen with the naked eye but must be seen with the help of a microscope, for example amoeba, yeast, viruses, and bacteria.
6. Biological processes that are essential for producing plants or animals, except nonbiological processes or microbiological processes.

The term “essential biological process for producing plants or animals” refers to conventional or natural cross-breeding, for example through cuttings, grafting, or natural pollination.

The term “non-biological or microbiological process for producing plants or animals” refers to the process of producing plants or animals, usually transgenic/genetically engineered, using chemical, physical, or microbiological processes, or other forms of genetic engineering.

Criteria for patentability assessment:

1. Novelty

An invention is considered new if, on the filing date, the invention is not the same as previously disclosed technology (prior art). Previously disclosed technology is technology that has been announced in Indonesia or outside Indonesia in writing, oral descriptions or through demonstrations, use, or in other ways that enable an expert to implement the invention before the filing date; or the priority date in the case of an application filed with priority rights. Previously disclosed technology may also include other application documents filed in Indonesia that are published on or after the filing date for which substantive examination is being conducted, but the filing date is earlier than the filing date or priority date of the application.

2. Contains Inventive Steps

An invention contains an inventive step if the invention is something that could not have been predicted by a person with certain expertise in the technical field.

3. Can be applied in Industry

An invention can be applied in industry if the invention can be implemented in industry as described in the patent application.

Patentability Search

In principle, a patent patentability search also aims to find comparative documents or prior art that contain the same or similar technology to the technology for which a patent is being applied. However, a patent patentability search focuses on novelty searches. This search is usually conducted by a patent examiner to assess patentability in conducting a substantive patent examination. A patent patentability search can also be conducted by an inventor or patent applicant to determine whether the invention to be patented still has novelty value.

Website references for patent searches:

1. Google Patents : https://Patents.google.com/
2. PDKI Indonesia : https://pdki-indonesia.dgip.go.id/
3. American USPTO : https://portal.uspto.gov/pair/PublicPair
4. ESPACENET EUROPE : http://worldwide.espacenet.com/
5. JPO Japan : http://www.jpo.go.jp/
6. WIPO Patentscope : https://Patentscope.wipo.int/

Complete instructions/guidelines on drafting Patents can be downloaded here