ORGANIZATION IN BRIEF
Law Number 14 of 2001 on Patent regulates Appeals Commision under the Article 64:
- Patent Appeals Commision is a special independent body under the Department administering Intellectual Property Rights.
- Patent Appeals Commision consist of one chairman concurrently member, one vice chairman concurrently member, and members consists of several experts in the field needed and Senior Patent Examiner.
- Members of Patent Appeals Commission as reffered to in paragraph (1) appointed and dismissed by Minister for 3 (three) years of term.
- Chairman and vice chairman elected from and by the members of Patent Appeals Commision.
- To examine an appeal application, the Patent Appeals Commission establish a panel consisting of minimum of 3 (three) people, one of them is a Senior Examiner who does not conduct substantive examination on the Application.
Article 65 provides further explanation that Organization structure, tasks, and functions of Patent Appeal Commission are regulated with Government Regulation of the Republic of Indonesia Number 40 of 20015 on Organization Structure, Tasks, and Functions of Patent Appeal Commission. The general provisions mentions that:
- Patent Appeals Commission, hereinafter reffered to as Appeals Commission is a special independent body and under Department administering Intellectual Property Rights.
- Patent Law is Law Number 14 of 2001 on Patent.
- Minister is the Minister who is incharge on department which one of its duty and responsibility includes the development of Intellectual Property Rights, including Patent.
- Directorate General is Directorate General of Intellectual Property under the department led by Minister.
Organization Structure of Patent Appeals Commission is regulated under Article (2), Article (3), Article (4), Article (5), Article (6). Its duties and functions are contained in Article (7), Article (8), Article (9), and Article (10) in Governement Regulation Number 40 of 2005 on Patent Appeals Commision, that are:
- Appeals Commission consists of :
- One Chairman concurrently Member;
- Vice Chairman concurrently Member; and
- Member consists of several experts in the field needed and Senior Patent Examiner.
- Appeals Commision Member as reffered to in Paragraph (1) total the most 15 (fifteen) people.
- To be appointed as reffered to in Article 2 Paragraph (1), a person must meet following requirements:
- a National of the Republic of Indonesia;
- having a domisile in the territory of the Republic of Indonesia;
- fear of God Almighty;
- physically and mentally healty;
- proficient in English;
- have knowledge, understanding, and skills needed in Patent; and
- at the time appointed is not more than most 65 (sixty five) years old
- In addition to satisfying the requirements as reffered to in paragraph (2) point b, point d, and point e, a Senior Examiner that may be appointed as a Member of Appeal Commision is a Level II Patent Examiner in the Directorate General rank at First Class Superintendent/III-d.
- Member of Appeal Commision, is appointed and dismissed by the Minister, based on proposal from the Director General of Intellectual Property.
- Member of Appeal Commision works for 3 (three) years tenure.
- Chairman and vice chairman is elected from and by the Member of Appeal Commision.
- The election of Chairman and Vice Chairman as reffered to in paragraph (3) is done by deliberation, and if the deliberation cannot reached concensus, the election is conducte by voting.
- Chairman and Vice Chairman of Appeal Commision that has been elected as reffered to in paragraph (3) are stipulatee by a Ministerial Decision.
- Membership of Appeal Commission terminates, if:
- residing outside the territory of the Republic of Indonesia;
- having physical and/or mental illness for 6 (six) consecutive months proven by a Physician’s Statement;
- the end of tenure of Appeal Commission; or
- dismissal due to incompetence or committing a disgraceful act.
- Member of the Appeal Commission who dismissed based on the reasons as reffered to in paragraph (1) point f is entitled for a plea.
- Where the Chariman of Appeal Commission resigns or is deceased or due certain reasons is not able to carry his duties as a Chairman or is dismissed before the termination of his tenure, the Vice Chairman of Appeal Commission will replace the Chairman of Appeal Commission for the remaining term.
- Where the Vice Chairman of Appeal Commission Vice or at the same time the Chairman and the Vice Chairman of Appeal Commission resign or is deceased or due to certain reasons are not able to carry his duties or dismissed before the term ends, the members will imidiately select and propose the substitute of the Chairman and/or Vice Chairman of Appeal Commission and/or Vice Chairman for the remaining term.
- The election and stipulation of Chairman and/or Vice Chairman of Appeal Commission as reffered to in Article 4 paragraph (4) and paragraph (5).
- The Appeal Commission has the duties to receive, exam, and decide an appeal against the refusal of a Patent application based on these reasons:
- If the substantive examination reported by Examiner shows that the Invention requested in Article 2, Article 3, Article 5, Article 6, Article 35, Article 52 paragraph (1), Article 52 paragraph (2), or excluded based on provision in Article 7 Patent Law; or
- If the substantive examination results done by Examiner shows that the Invention requested to be Patented does not meet the requirements in Article 36 paragraph (2) or paragraph (3) Patent Law.
- In carriying the duties as reffered to in paragraph (1), the Appeal Commission is independent and works based on expertise.
- In carriying the duties as reffered to in paragraph (1), the Appeal Commission carries out the functions of administrating, examining, assessment, judging, and analizing, and giving a decision to an appeal.
In carriying its duties and functions, for the purpose of an appeal examination, the Appeal Commission can call and hear information from various parties.
- In conducting an appeal examination, the Chairman of Appeal commission established a panel whose members consist of odd number at least 3 (three) people, one of them is a Senior Examiner who does not conduct the substantive examination of the refused Patent Application.
- Where the panel as reffered to in paragraph (1) total more than 3 (three) people, then the number of Senior Examiner can be added to a maximum of 1 (one) person.
- In conducting an appeal examination as reffered to in paragraph (1), the Chairman and Member of a Panel are appointed by the Chairman o\f Appeal Commission.
- Where the Member of an Appeal Panel resigns or is deceased or due to certain reasons is not able to carry his duties as a Member of a Appeal Panel or dismissed before the terms ends, the Chairman of Appeal Commission assigns a substitute from the Member of Appeal Commission.
- In carriying its duties, the Appeal Commission is assisted by a Secretariate headed by a Secretary.
- The Secretary as reffered to in paragraph (1) is held by a structural official in the Directorate General whose scope of duties includes administrative services for Patent Appeals, which is appointed and dismissed by the Minister based on the proposal from the Directorate General of Intellectual Property.
- The Secretary in carriying his duties is assisted by staffs from Directorate General.
Provisions concerning organizational structure and working procedures of the Secretariat shall be further regulated by a Ministerial Decision.