The Relevance of The First-to-invent Patent System to Strengthen Inventors Legal Protection in Indonesia
Anwar Borahima (a*), Fitri Pratiwi Rasyid (a), Amaliyah (a)

a) Civil Law Department, Hasanuddin University, Indonesia
*borahimaanwar[at]yahoo.com

Abstract

The protection of Intellectual Property Rights, especially patents, adheres to a constitutive system where inventions must be legally registered. The inventions^ registrations in Indonesia follow the first-to-file system, in contrast to the first-to-invent which is based on the provident of inventors who originally own the invention that will legally hold the patent right. According to Articles 14 and 15 of Law No. 13 of 2016 concerning patents, the owner of an idea who, although able to prove that he was the inventor prior to invention registration, will only be recognized as a former user, not as an inventor of the patent owner. Referring to the normative study that has been conducted, the first to file system may create uncertainty about legal protection which further has the potential to trigger ideas violation for inventors. As an effort to strengthen legal protection for inventors in Indonesia, a patent registration system that ensures fairness to those who must hold the patent rights is essential.

Keywords: Invention registration- Inventors- Legal protection- Normative study- Patent

Topic: Trade and Business