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Bali Art Furniture is an exporter all Bali - Indonesia products as Bali furniture made from Teak woods and ceramics from natural stone has made with b...

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Bali Art furniture

Bali Art Furniture is an exporter all Bali - Indonesia products as Bali furniture made from Teak woods and ceramics from natural stone has made with b...

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PROPERTY IS STILL PROFITABLE

Date: Tuesday May, 19 2009 08:49

The global economic crisis that we are now experiencing has its root beginning with the credit crunch in the US as far as back as 2004. Betwe...

Legal Information

Patent

Date: Tuesday December, 19 2006 14:25

Patent is an exclusive right granted by the country to investors with regard to their technological inventions, to exercise directly or grant approvals to third parties to implement the said investors for a specified period. SCOPE OF PATENT According to the Law on Patent, enacted on August 2001, Patent is granted to new inventions containing inventive steps, and applicable in the industry. An invention contains inventive steps if the invention, for a person having certain expertise in the technical field, is a matter unpredictable before.
  1. An invention is deemed new if upon the date of receipt the invention is not the same with the technology that has been disclosed before.
  2.  An invention can be applied in an industry if the invention is applicable in the industry as specified in the application.
  3.  Inventions in the form of new products or equipment and having practical use value due to their forms, configurations, constructions, or components, can obtain legal protection in the form of simple patent.
The following inventions shall not be granted patent: - processes or products whose announcement and utility or implementation are in violation with laws in forces, religious morality, social order, or decency; - examination, maintenance, treatment and/or surgical method applied to human being and/or animals; - theories and methods in sciences and mathematics; or -
  1. all creatures, except micro-organisms;
  2. essential biological processes to produce plants or animals, except non-biological or microbiological processes. PERIOD OF PROTECTION The Law on Patent provides protection for a period of 20 years for Patent and 10 years for Simple Patent. These protection periods, however, are not extendible.

GENERAL INFORMATION FOR REGISTRATION
  1. Patent shall be granted on the basis of an application where each application can only be submitted for one or several inventions being an integral unit of inventions. The application shall be submitted in writing in the Indonesian language to the Director General of Intellectual Property Rights and is subjected to costs.
  2. The application shall contain:  
    • date, month and year of application;
    •  full address of the applicant;
    •  investor’s name and citizenship;
    • name and address of attorney, in case that the application is submitted through an attorney;
    • special power attorney, in case that the application is submitted by an attorney;
    • a statement certifying that the application is requested for patent;
    • title of invention;
    • claims contained in the invention;
    • description of the invention, comprehensively containing information regarding how to implement the said invention;
    • pictures, which are mentioned in the descriptions required for clarifying the said invention; and
    • abstract of the said invention.
  3.  An application can be filed by the applicant or attorney of the applicant. The said attorney shall be an intellectual property rights consultant, who has been registered at the Directorate General of Intellectual Property Rights. If the application is submitted by an applicant who is not an inventor, the said application shall be completed with a statement and enough evidence certifying that the applicant is entitled to the said invention.
  4. Applicants domiciled outside of the territory of the Republic of Indonesia shall submit their applications through an attorney in Indonesia. The applicants shall, therefore, state and choose their legal domiciles in Indonesia.
  5. An application with priority right, which is ruled in the Paris Convention for Protection of Industrial Property, shall be submitted within 12 months as of date of receipt of the patent application which is received for the first time in any country signing the said convention or member of the Agreement Establishing the world Trade Organization.
Application with priority rights shall be completed with priority documents legalized by the officers authorized in the relevant country not later than 16 months as of priority date. The Directorate General of Intellectual Property Rights can require the submitted application using priority rights to be completed with:
  1. legitimate copy of letters with regard to the results of substantive examination conducted against the first patent application abroad;
  2. legitimate copy of patent documents, which have been granted with regard to the first patent application abroad;
  3. legitimate copy of resolution regarding rejection of the first patent application abroad, in case that the application is rejected;
  4. legitimate copy of resolution regarding nullification of patent, which has been issued abroad in case that the said patent has been rejected; e. other documents required for enabling judgment that the invention applied for patent is truly constructed as new invention, which contains inventive steps and can be applied in industry. Laws and Regulations Law No. 14/2001 concerning Patent.
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