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The Government Regulation No. 40 of 2020 on Requirements and Procedures of the Right of Patent Transfer Registration (The Implementing Law of Article 74 No. 13 of 2016 on Patent)
- 2020-10-12 12:52:52

The right of patent fundamentally is able to be owned not only by an inventor, individually or in group, but also by the second party who has already received the right from the original patent owner or by the other third party who has received the further registered patent. In order to own the right of patent from the inventor or the previous ones, there is a legal procedure regulated in the Article 74 Law No. 13 of 2016 on Indonesian Patent Law, namely by transferring the right of patent.

As the law continues to grow in Indonesia, the government recently ruled the Government Law No. 46 of 2020 on the Requirements and Procedurs of the Patent Transfer Registration Procedures as the implementing regulation of the Article 74 Law No. 13 of 2016 on Patent.

The Background of the Ruling of Government Regulation No. 46 of 2020 on Requirements and Procedures of Patent Transfer Registration

According to the general provision of the Government Regulation No. 46 of 2020 on Requirements and Procedures of Patent Right Transfer Registration, it is stipulated that the implementing regulations of the old Indonesian patent law No. 14 of 2001 which regulated the patent right transfer registration as  stipulated in President Law No. 37 of 2010 is no longer relevant.

Aside from that, there is a different procedure of patent right transfer between the Indonesian old patent law and the recent ones, where in the Article 66 paragraph (1) of Indonesian old patent law, the patent transfer only can be done through 5 ways, namely inheritance, grant, testament, written agreement, and others which are regulated in prevailing laws, while in the Article 74 paragraph (1) Indonesian Patent Law of 2016, waqf is added into the provision. Waqf as the additional provision of the right of patent transfer aims to comply the Article 17 paragraph (3) letter e Law No. 41 of 2014 on Waqf where Intellectual Property is one of the objects of waqf.

The Requirements and Procedures of Patent Right Transfer Registration

Basically, the application for registration patent transfer can only be carried out if that patent has already been given a right by the state (Article 6) and has met requiremetns and completed the documents (Article 7 – 14). For all the applicants of patent right transfer registration, it is obliged to meet some general requirements, as follows:

  1. Pay and attach the application as well as the annuity patent payment ;
  2. Attach copy of the patent certificate and patent document;
  3. Attach the special power of attorney (if it is empowered or the applicant lives abroad);
  4. Attach the statement letter saying that the document is submitted according the original;
  5. Attach the copy of president regulation on patent implementation by government (if the applicant is government);
  6. Attach the proof of license agreement registration (if it is licensed): and
  7. Attach copy of fiduciary guarantee certificate and the consent letter from the receiver (if the patent is guaranteed).

Beside that, there are special documents that are obliged to attach by complying according to what kind of category requirements of the applicant is, as follows:

 

 

Inheritance

Grant

Testament

Waqf

Written Agreement

Others regulated by law

Patent holder's death certificate

 

Copy of grant deed

Patent holder's death certificate

 

Waqf pledge deed from the authorized official

 

Copy of agreement deed

 

A copy of the decision having permanent legal force or proof of transfer based on statutory regulations

 

A copy of the determination of the heir from the Religious Court, notary public, or the District Court

 

Grantee statement letter regarding patent release

 

A copy of the will deed

A patent statement is not licensed,  diluted, and a patent implemented by the government based on considerations related to state defense and security or a patent that interferes with the interests and security of the state

Patent release statement (if a patent waiver is implemented)

 

 

Statement of the recipient of the will regarding the release of the patent (if the patent is waived)

 

 

 

 

The Procedures of Application of Patent Rights Transfer Registration

The application for registration of the right of patent transfer begins with filling the written form in Bahasa both on electronic and/ or on-elecronic, addressed to the Minister by attaching the requirements above.

After the submission completed, the minister will then check the completeness of the requirements maximum 14 days. If the documents are not complete, the minister will notify the applicant to compete the requirements and documents above within 60 days. However, if it is still not completed yet, the application will be withdrawn and the application fee will not be returned.

If all requirements are complete, it will be conducted a recording of patent transfer within 14 days since the requirement completeness, after which the minister will announce the registration via either electronic or non-electronic media to the applicant or his attorney maximum 30 days since the registration of the right of patent transfer recorded.

 

 

Reference

Law No. 13 of 2016 on Patent

Law No. 14 of 2001 on Patent

Law No. 41 of 20014 on Waqf.

The Government Regulation No. 46 of 2020 on Requirements and Procedures of Patent Transfer Registration.

The President Regulation No. 37 of 2010 on Procedures of Patent Transfer.



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