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Legislative Implementation of Flexibilities - Indonesia

Title:Articles 24 (2) (i), 52(1), 53, 56 and 91 (1) (a) of the Law on Patents No. 14 of 01/08/2001
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 24

(2) The Application form must contain: i. a written description of the Invention which contains a complete information on the ways of implementing the Invention;

Article 52

(1) Where the Examiner reports that an Invention for which a Patent has been requested evidently contains vagaries or other significant deficiencies, the Directorate General shall notify the Applicant or his Proxy and request comments or the completion of such deficiencies.

Article 53

If following the notification as referred to in Article 52 paragraph (1) the Applicant does not provide any clarification or complete the deficiencies, or does not make any changes or improvements on the Application within the period stipulated by the Directorate as referred to in Article 51 paragraph (2), the relevant Application shall be deemed withdrawn and the Directorate General shall notify the Applicant in writing.

Article 56

(1) If the result of the examination carried out by the Examiner indicates that the Invention for which a Patent has been requested is not the Invention as referred to in Article 1, Article 2 or has not fulfilled the provisions of Article 2, Article 3, Article 5, Article 6, Article 35, Article 52 paragraphs (1) and (2), or is included among Inventions as referred to in Article 7, the Directorate General shall refuse the relevant Application and shall notify the Applicant in writing.

Article 91

(1) A lawsuit for revocation of a Patent may be granted where:

a. the relevant Patent should not have been granted according to Article 2, Article 6, or Article 7;