APPEAL DELETION IN PATENT APPEAL COMMISSION
Do you wonder what our Director, Ms. Annisa Am Badar S.H. LL.M, conducted in the trial proceedings?
A little bit clues, Ms. Annisa Am Badar S.H., LL.M. was acting on behalf of one of our clients in a dispute before the Patent Appeal Commission as an Appeal Petitioner in filing an appeal against the patent granted decision.
You are probably all wondering “why is such a trial held in the Patent Appeal Commission?” or “it should be held in the court, is not it?”
It turns out that the trial proceedings with the complete stages consisting of the agenda of response, Plaintiff’s reply-Defendant’s response, evidence session up to the conclusion are not always part of the Court trials, but also the parts of Patent Appeal Commission Trials.
The legal basis of the proceeding of appeal against the patent granted decision before the Patent Appeal Commission are Indonesian Patent Law No. 13 of 2016 and Minister Regulation of Law and Human Rights No. 3 of 2019 regarding Patent Appeal Commission, especially on the following provisions:
Article 70 of Patent Law No. 13 of 2016
(1) Appeal against a granted patent should be filed in writing by the concerned Party or the Proxy to Appeal Commission of Patent with a copy submitted to the Minister, and it will be charged.
(2) Appeal against Patent granted should be filed within a period no later than 9 (nine) months from the date of Patent granting notification.
Article 21 of Minister Regulation of Law and Human Rights No. 3 of 2019 regarding Patent Appeal Commission
(1) Appeal application should be filed at the latest on:
- 9 (nine) months from the date of notification of Patent granted in the terms of an Application for Appeal against the decision Patent granted as referred to in Article 15 paragraph (4).
Internationally, this legal action is recognized as Post-Grant Opposition; nonetheless, generally, the examination process is conducted by the local Patent Office. However, in Indonesia, the authorization is granted to the Appeal Patent Commission and the legal action is an appeal.
The Patent appeal against the granted patent decision or recognized as Appeal Deletion aims to delete a granted patent before proceeding it to the further stage, namely Commercial Court in District Court.
Am Badar & Partners, represented by Ms. Annisa Am Badar, SH., LL.M an “Intellectual Property Consultant” and also a “registered Advocate”, is one of the initiators in filing the appeal deletion with the Patent Appeal Commission.
For further information regarding the Appeal deletion as mentinoned above or another issue regarding the protection of Intellectual Property, please do not hesitate to contact us, Am Badar & Partners through email or phone call or directly visit our office.
We will be glad to assist you in answering all of your questions or provide you with our professional consultation. Am Badar & Partners has been acknowledged by the public either local or foreign as one of the biggest and trusted Intellectual Property Consultant which has been established since 1965.