Research Article
Juridical Problems of Yamaha Hatsudoki Kabushiki Kaisha’s Patent Rejection by the Patent Appeal Commission: Study of the Supreme Court’s Decision No. 841 K/PDT.SUS-HKI/2020
@INPROCEEDINGS{10.4108/eai.4-11-2022.2328990, author={Dian Nahdila Donika and Budi Santoso and Hendro Saptono}, title={Juridical Problems of Yamaha Hatsudoki Kabushiki Kaisha’s Patent Rejection by the Patent Appeal Commission: Study of the Supreme Court’s Decision No. 841 K/PDT.SUS-HKI/2020}, proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICOSTELM}, year={2023}, month={9}, keywords={rejection patent appeals commission}, doi={10.4108/eai.4-11-2022.2328990} }- Dian Nahdila Donika
Budi Santoso
Hendro Saptono
Year: 2023
Juridical Problems of Yamaha Hatsudoki Kabushiki Kaisha’s Patent Rejection by the Patent Appeal Commission: Study of the Supreme Court’s Decision No. 841 K/PDT.SUS-HKI/2020
ICOSTELM
EAI
DOI: 10.4108/eai.4-11-2022.2328990
Abstract
The rejection of the patent application filed by the Yamaha company by the Directorate General of Intellectual Property Rights (DJKI/Direktorat Jenderal Kekayaan Intelektual) impacts the loss to the company. This rejection is because the object to be patented is considered to have no inventive steps. Objecting to the rejection, Yamaha company appealed to the Patent Appeals Commission. However, the Patent Appeal Commission still rejected the application, so the Yamaha company made various legal efforts in the form of lawsuits to the Commercial Court and cassation to the Supreme Court. This research was conducted with normative juridical methods. The results on the Supreme Court Ruling showed that the problems arising concerning patent rejection filed by Yamaha companies because the claims filed in patent applications do not contain elements of novelty and inventive steps. Therefore, the rejection of patents on inventions filed by Yamaha companies certainly has legal consequences for Yamaha companies.