One of the primary reasons inventors pursue patents is to discourage the exploitation of their invention. They apply patents with to guarantee that their rights concerning their inventions are secured and protected. Ironically however, the process of patent application itself may lead to certain unwanted situations that the inventor hoped an application would deter. Because the patent registration procedure is prolonged, the application materials may occasionally or slip into the hands of third parties, which of course may lead to an array of complex issues. We ask the question, how does Indonesian Law deal with this?
Patent Application
Before we preceed with the discussion, it’s best to refresh ourselves on Patent Applications. Based on Article 25 Paragraph (2) of Law Number 13 of 2016 must be accompanied by the following requirements:
- Title of the Invention;
- A description of the Invention;
- Claim or claims of the Invention;
- Abstract of the invention;
- The pictures mentioned in the description are needed to clarify the Invention if an image accompanies the Application;
- Power of attorney if the application is submitted through a proxy;
- Statement of ownership of the Invention by the Inventor;
- A letter of transfer of ownership of an Invention if the Application is filed by an Applicant who is not an Inventor; and
- Proof of storage of microorganisms if the Application is related to microorganisms.
All Application documents, from the Filing Date to the announcement date of the Application, are confidential, except for an Inventor who isn’t an Applicant themselves. Of course, everyone is obliged to maintain the confidentiality of all Application documents.
Legal Consequences of Leaking Patent Images
As explained beforehand, patent image, as one of the documents attached to the patent application requirements, is confidential to the public. However, the leak of patent images appears to be relatively common, especially in the automotive industry.
Indonesian Patent Law maintains a strict attitude towards such acts. In terms of legal repercussions, Indonesian law has established regulations concerning this in Article 164 of the Patent Law, which read as follows: “Any person who deliberately and without rights breaks the confidentiality of an Application document as referred to in Article 45 section (1) is sentenced to imprisonment for a maximum of 2 (two) years.”
Thus, it can be concluded that willful and unintentional patent infringement, which in this case is the act of disclosing a confidential patent application document is a serious violation that may result in a sentencing. The leak of Patent images and designs are at risk of creating unfair opportunities for rivals to develop items of the same class, either by complete imitation or with particular alterations. Should this situation occur, the Inventor or Applicant has the right to initiate legal action as the aggrieved party.
Futhermore, infringement from foreign parties are also cause of concern. According to the Directorate General of Intellectual Property of Indonesia (DJKI), if the infringement appears on the patent comes from abroad; a complaint can be made to the government that granted the patent protection. If the protection has not been filed to the DJKI and the Inventor or Applicant is dissatisfied, they might report it to the government that issued the patent and file a lawsuit. Thus, it is required to guarantee that the patent image that will be widely distributed to the public has received clearance from the Inventor or Applicant and is permitted under the relevant legislation in that country
Conclusion
Ensuring the legitimacy patent images is something that the automotive industry media must learn going forward. Incidents that happened to the patents for 2023 Honda CR-V and Apple’s electric car equipped with sunroof technology, as well as Honda’s sports motorbike integrated with a drone, are clear violations of patent law that must not be normalized
Leaking patent images will surely cause significant harm to both the Inventor and the Applicant. Therefore, anyone, be it individuals or corporate entities, who breaches the obligation to maintain the confidentiality of patent documents, may face legal consequences, including imprisonment, as outlined in Article 164 of the Patent Law.
In the event of a patent application’s document leakage, the Inventor and Applicant reserve the right to pursue legal action or file a lawsuit against the infringing party, even if the infringement occurs in a foreign jurisdiction.
In conclusion, we urge anyone to exercise greater caution when disseminating information about designs or patent images not officially released by the patent owner. Even if this information is sourced from publicly accessible sites, both locally and internationally, it may still be subject to legal sanctions
If you seek information on patent protection or additional assistance on reporting on unpublished patent registration application materials, please get in touch with us ambadar@ambadar.co.id
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