HAK PATEN: PERLINDUNGAN, PROSES DAN TANTANGAN DALAM INOVASI TEKNOLOGI DI INDONESIA

Abstract

Patent rights are exclusive rights granted by the state to an inventor for their technological invention for a specific period, aimed at encouraging innovation and protecting the inventor's interests. Patent protection in Indonesia is regulated under Law No. 13 of 2016, which emphasizes the importance of legal protection for inventors in supporting national development and fostering a healthy business climate. The patent application process involves fulfilling administrative and substantive requirements, such as novelty, inventive step, and applicability. The patent holder gains the exclusive right to utilize their invention and may grant licenses to others, but they must also implement the patent within Indonesia. Legal protection is provided both preventively and repressively, including dispute resolution through the Patent Appeal Commission, Commercial Court, negotiation, and mediation. Exceptions to exclusive rights may apply for educational and research purposes, provided they do not harm the patent holder. Challenges in patent protection in Indonesia include administrative procedures, law enforcement, and the need for harmonization with international regulations. An effective patent system is expected to enhance technological innovation motivation and provide legal certainty for inventors in Indonesia.