Indonesian Patent Appeal Commission recently held a series of open sessions to discuss a number of patent applications brought for the Commission’s deliberation. The first session concerned with a third-party appeal filed by Indonesia for Global Justice, a Jakarta-based NGO who has been active in social justice and global liberalization issues, against patent granting of an invention titled “4-substituted Benzoxaborole Compounds and Uses Thereof“ owned by Glaxosmithkline IP (No.2) Limited and Anacor Pharmaceuticals, Inc. In its deliberation, the Commission panel agreed to move forward to examination of witnesses presented by the appellant, which is scheduled on July 4, 2023.
In the subsequent session, the Commission panel moved to admit a request for claim correction appeal filed by the patentee of a China-originated patent IDP000078513 for the invention titled “Site-directed mutagenesis of TREM-1 antibodies to reduce viscosity”. The panel considered that on the basis of data and facts presented in the appeal, the patentee’s request for claim correction were admissible pursuant to Article 69(5) of the Law no. 13 of 2016 on Patents as the proposed correction would not expand the scope of the original claims. In what was considered as part of improvements from previous patent laws, the 2016 Patent Law allowed post-grant correction to the description, claims and/or drawings of a patent provided that the request is filed by no later than three months from the issuance of the Notice of Grant.
Similar deliberation was also made by the Commission panel at the third session, where another request for correction of claims 1 to 9 in the Japan-originated Patent IDP000073523 for an invention titled “Vehicle Machine Unit” was allowed, which also amended the patent’s total number of claims from the initial 13 to 9. The Commission panel also instructed the Minister of Laws and Human Rights of the Republic of Indonesia to revise accordingly the annex to the patent certificate as well as to notify and publish the appeal’s outcome through both electronic and non-electronic media.
In the fourth and last session, the Commission panel refused to allow the appeal filed by applicant of a domestic-based patent application P00201604893 for the invention titled “Method for Spermatozoa Sexing with Three Column Bovine Serum Albumin (BSA)” against the Patent Office rejection of the application. The application was filed by the state research institution the Indonesian Science Agency (LIPI). For this appeal, the Commission panel took side with the Patent Office examiner in deciding that invention as described in the application failed to fulfill the requirement for industrial applicability as the claims and description were deemed unclear and inconsistent.
As part of fulfilling its obligation toward public rights to information, the Directorate General of Intellectual Property (DGIP) has recorded the four sessions of the Appeal Commission panel and made the recording available to be accessed for free through the DGIP’s official YouTube channel.