| Abstract |
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This research has its two purposes. Firstly, knowing and analyzing the meaning and elaboration of inventive step concept in Indonesian patent examination; secondly, knowing and analyzing the implementation of inventive step concept in Indonesian patent examination.
This research is a mixed-research, which combine a normative juridical research and empirical juridical research by doing a field and literature research. Field research has been done in Tangerang and Yogyakarta, involving up to seven respondents and three resource person. Data from both research then being analyzed by qualitative method so as a result, it provides an analytical-descriptive data.
The research result shows that, firstly, that the meaning of inventive step concept in Indonesian patent examination is: (1) Invention is non-obviousness; (2) Those non-obviousness by an expert; (3) the invention is only in certain applicable major. Inventions are said “obviousness” when it could be obtained logically from prior art, which is not includes certain specialty, outside from what an expert could expect from it. The non-obviousness is in one invention, after being researched, has its own value added. That never expected or imagined before by an expert or people which have same or relevant skill. The expert is a normal practitioner in certain field which has a practical general knowledge on it, having an access to any means of prior arts on its field, as well as having a method and capacity in doing regular task and experiment. Certain applicable major includes: mechanical, biology, chemistry, pharmacy and engineering. Secondly, implementation of inventive step concept in patent examination in Indonesia has been done comprehensively as it is one of three requirements that shall be done in order to get patent granted. Examination on inventiveness only applied for patent not for petty patent or utility patent, as petty patent or utility patent only requires novelty in order to have patent granted. |
