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Recordal of Patent Assignment

August 2010 - Intellectual Property. Legal Developments by Biro Oktroi Roosseno.

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As mandated by Article 66 paragraph (3) of Law No. 14 year 2001 concerning Patent, all forms of Patent transfer must be recorded and published, with the payment of a fee. Further, paragraph (4) mentions that any transfer of Patent, which is not in line with the provisions of this Article, shall be invalid and void.

On June 7, 2010, President of the Republic of Indonesia has issued a Presidential Regulation Number 37 year 2010 regarding the Requirements and Procedures for patent assignments Recordal. This regulation stipulates that a patent or the ownership of patent may be assigned in entirety or in a part by inheritance, gift, grant, testament, written agreement, or any other reasons recognized by laws.

The recipient of Patent rights from written agreement should file a recordal of patent assignment to the Directorate General of Intellectual Property Rights by providing the documents such as, Certificate of Patent Registration, Written Agreement regarding the transfer of Patent Rights, Power of Attorney if the application is filed by a proxy, payment receipt for the recordal of patent assignment, and receipt of payment for the patent annual fee.

In the case of the transfer of right is only for part of the Patent, the recordal of patent assignment should also be provided with a document from the Patent Holder mentioned the part of the claim that is intended to be transferred.

The recordal of patent assignment that has been filed in the Directorate General of Intellectual Property Rights before the prevailing of this new regulation (Presidential Regulation No.37/2010), must be in conciliated with this new regulation.

Written by : Drs.Aswin Nasution,SH

BIRO OKTROI ROOSSENO, one of the oldest and the leading firm for intellectual property in Indonesia, formerly handled only Patents and Trademarks. Prof. Dr. Ir. R. Roosseno, a professor of structural engineering and a pioneer in pre-stressed concrete and Mr. Yland, a prominent Dutch lawyer, founded it in Jakarta in 1951.

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