IMPLEMENTASI HUKUM ATAS PELANGGARAN HAK PATEN DI INDONESIA

Abstract

Patent disputes have become a common phenomenon in a competitive industry, as seen in the case between Intel and VLSI in the United States, where Intel was deemed to have infringed two patents belonging to VLSI, with losses found amounting to US$5.1 billion and US$675 million. This study uses normative legal methods, by analyzing regulatory documents, legal journals, and related books, as well as comparing the settlement of patent infringement in the United States and Indonesia. In Indonesia, the patent protection system applies the "first to file" principle, which grants rights to first-time applicants, while the United States uses the "first to invent" principle, which protects first-time inventors. The study also noted changes in the barriers faced by the Indonesian people in patent applications, where in 2000, there were only 1,338 domestic patent applications out of a total of 27,957 applications.