Gov’t Issues Regulation on Patent Transfer
Date 26 Agustus 2020
President Joko “Jokowi” Widodo on 10 August 2020 signed Government Regulation (PP) Number 46 of 2020 on Requirements and Procedures for Patent Transfer Registration.
The Regulation aims to implement provisions of Article 74 paragraph (5) of Law Number 13 of 2016 on Patent.
The Regulation states that a patent is an exclusive right granted by the State to an inventor in the field of technology for a certain period of time. The inventor is entitled to use the invention or give approval to other parties to use it.
Patent rights may be transferred either completely or partially due to: a. inheritance; b. grant; c. will; d. waqf; e. written agreement; or f. other reasons in accordance with the provisions of laws and regulations.
The patent transfer, as referred to in Article 2 paragraph (1) of the Regulation, shall be registered in the general register of patent and shall be announced through electronic media and/or non-electronic media by the Minister.
The annual fee for the transferred patent shall be borne by the patent recipient due to inheritance, grant, will, waqf, written agreement, or other reasons in accordance with the provisions of laws and regulations, except for: a. a patent that has been granted to another party, according to the license agreement; or b. a patent that is used by the Government, in accordance with the provisions of laws and regulations on the use of patent by the Government.
An application for patent right transfer shall meet the following requirements: a. payment of the application fee for the registration of patent transfer; b. payment of the annual fee for patent; c. completing the patent transfer application document; and d. providing a written statement declaring that the documents submitted are certified true copy.
In the event that the patent transfer is made for part of a claim on patent, as referred to in Article 4 letter b, the application for registration of the patent transfer must be completed with the patent holder’s statement declaring the transferred claim.
The form of patent right transfer, according to the Regulation, shall contain: a. the date, month and year of application; b. name and full address of the applicant; c. name and complete address of the patent holder; d. patent number and title; and e. full name and address of the attorney-in-fact in the event that the application is submitted through attorney-in-fact.
“An application from an applicant who does not reside or does not have a permanent domicile in the territory of the Republic of Indonesia shall be submitted through attorney-in-fact in Indonesia. An application from an applicant who resides in the territory of the Republic of Indonesia may be submitted through attorney-in-fact. In the event that the application is filed through attorney-in-fact, the address of the attorney-in-fact becomes the domicile of the applicant,” Article 16 Paragraph (1), (2), and (3) of the Regulation states.
In the event that the heir, grantee, testament recipient, or other patent recipients are not willing to become the patent holder, the person concerned shall declare the patent release.
The Minister shall be notified of the patent release by a written statement of the heir, grantee, testament recipient, or other patent recipients.
In the event that all the heir, grantee, testament recipient, or other patent recipients release the patent, the Minister shall delete and reregister the patent transfer in accordance with the provisions of laws and regulations.
In the event that the Government Regulation comes into force, Presidential Regulation Number 37 of 2010 on Requirements and Procedures for Registration of Patent Transfer is revoked and declared null and void.
“The Government Regulation shall come into force as of the date of its promulgation,” Article 23 of the Regulation reads. The Regulation is promulgated by Minister of Law and Human Rights Yasonna Laoly on 11 August 2020. (EN)
Translated by: Ridwan Ibadurrohman
Reviewed by: Mia Medyana