Most countries that have intellectual property protection systems offer copyright protection for computer programs. Indonesia gives computer programs copyright protection for 50 years after it first gets published. Regardless, most people agree that computer program copyright protection isn’t enough, making it weak.
In this guide, you’ll learn whether you can patent computer programs in Indonesia. Read on and learn more.
Under Article 7 of the Patent Law No. 14 of 2001, computer programs aren’t explicitly prohibited as patents. But the Patent Law has a supplemental explanatory section stating that the “rules and methods related to computer programs” isn’t recognized as an Invention. But its ambiguousness and vagueness made it possible for computer programs to become patents in the country.
It’s important to note that the substantive examination process won’t change for computer program patent applications. That means if your invention can differ from other inventions while solving a problem, it might get a patent grant.
The Directorate of Patents will allow the Indonesian patent application claims to conform to a corresponding foreign patent grant. This is possible even if other jurisdictions have laws that can go against the current Indonesian patenting laws concerning computer programs.
Computer programs have different levels of patentability in every country. For example, Thailand doesn’t allow computer programs to get a patent grant. The European Union doesn’t recognize computer programs as inventions, thus making it ineligible for a patent grant.
An exception in the European Patent Law can make it possible for a computer program to get a patent. As long as it has a technical feature that helps solve a technical problem subtly, it can get patented.
With this, it’s more advantageous for inventors to file for a computer program patent in Indonesia. Getting a patent grant will depend on the corresponding foreign patent’s grant. Regardless, lots of computer programmers are taking advantage of this system.
A simple review of the country’s filing trends shows that inventors are patenting relevant claims. It’s obvious since more inventors living outside Indonesia are applying for patents for the computer program-related inventions.
With this information, it can help you decide whether patenting a computer program in Indonesia is worth your time. As long as you stick with the patent laws of the country, you can get your computer program invention patented. Don’t hesitate and research more about the topic since other foreign laws might interfere with your patent application.
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