Journal of Indonesian Legal Studies
Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in

Indonesian Patent Law Reform for Simple Patent Innovations on Achieving Welfare State Objectives

Waspiah Waspiah (Faculty of Law, Universitas Diponegoro)
Budi Santoso (Faculty of Law, Universitas Diponegoro)
Paramita Prananingtyas (Faculty of Law, Universitas Diponegoro)
Muhammad Iqbal Baiquni (Faculty of Law, Universitas Negeri Semarang)
Dany Eka Saputra (Faculty of Business Administration, Istanbul Sabahattin Zaim University)



Article Info

Publish Date
31 May 2023

Abstract

The main focus of this research is to examine the legal protection of simple patent innovations within the Indonesian patent system, considering their substance, structure, and legal culture. The objective is to advocate for the reformulation of regulations concerning the social and economic utilization of intellectual property, specifically simple patents, in order to address their impact on public interest from a welfare state perspective. The current regulations governing simple patents demonstrate monopolistic and individualistic tendencies. This study utilizes a normative juridical research method and employs a statute-based approach to critically analyze the provisions of Law No. 13 of 2016, commonly known as the Patent Law. The research findings indicate that the current regulation fails to adequately support inventors of simple patents. The existing first-to-file registration system, resembling that of regular patents, has resulted in low rates of acquisition and registration for simple patents. Consequently, it can be concluded that the regulation of simple patents under the Patent Law does not favor inventors of such patents. In order to rectify this issue, it is crucial to reformulate the legal protection of simple patent innovations based on the principles of the welfare state. The ideal formulation of the Patent Law should take into account the norms and values prevalent within the inventor community, thereby necessitating a reformulation of the legal protection system rooted in the substance, structure, and legal culture in Indonesia.

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Journal Info

Abbrev

jils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the ...