ANALISIS PERTIMBANGAN HUKUM TIM KOMISI BANDING PATEN TERHADAP PENOLAKAN PERMOHONAN PATEN

Abstract

This research is about the analysis of the legal considerations of the Patent Appeal Commission team regarding the rejection of patent applications (Decision No. 024.1.T/KBP-04/2023). The purpose of this research is to find out and analyze the problems of the patent examiner in the substantive examination of patent applications and minimize the problems, find out and analyze the legal considerations of the Appeal Commission Team against the rejection of Patent Application No. P00201605778, and find out and analyze whether the legal considerations of the Appeal Commission Team against the rejection of Patent Application No. P00201605778 are in accordance with the basis of examination based on Law No. 14 of 2001 Jo. Law No. 13 of 2016 concerning patents. This research uses a normative legal research method with qualitative analysis, namely by explaining the existing data in words or statements, not in numbers, and is descriptive analysis. The results of the research show that there are still several problems for patent examiners in substantive examinations, such as different interpretations of the law and limited access and understanding of new technology, as well as the legal considerations of the Appeals Commission Team regarding the rejection of Patent Application No. Where in the rejection letter it is stated that the claim of Patent Application No. P00201605778 does not meet Article 4 (f) of Law Number 13 of 2016 concerning Patents. However, the Patent Appeal Commission considers that because the claim submitted by the applicant meets Article 4 (f) of Law Number 13 of 2016 concerning Patents. In addition, the claims submitted meet the requirements of novelty and inventive steps as stipulated in Article 54 of Law Number 13 of 2016 concerning Patents. Claims 1 to 6 are considered to have novelty because the existing technical features are not yet known in previous technology.

Keywords: Patent Appeal Commission, novelty, inventive step, rejection decision