Transfer of Right

Transfer of the right to patent in its entiterty as well as in part is possible by way of inheritance, bequest, testament, by way of contract attested by a notary or in another legally recognised form. The 1989 explananatory memorandum of the Indonesian government on art mentions as an example for “other reasons ackowlodged by law”, the transfer of patent because of the winding up of coporate body, which originally owned the patent. For a transfer following art, the patent certificate and the document regarding the right on wich at the Patent Office and fee needs to be paid for this registration. Detail of the fee and of far, the only implementing provision is art 15 of Ministerial Decree No M.04HC.02.10 of 1991 regarding the condition, time periode and manner of paying fees for application. According to the Annex of this Decree, the fee is RP 25,000. The right of a prior user can only be transferred by way inheritance or together with the sale of the business or a part of the business.

The transfer of the right to a patent has no influence on the inventor’s right to be mentioned in the patent certificate. Licences granted by the testator etc. remain valid in relationship to the heirs.