Patents

Freedom to operate (FTO) refers to an analysis that determines whether a product or service can be legally commercialized without infringing on existing patents owned by others. An FTO study helps identify potential risks of infringement, enabling businesses to avoid costly litigation and the time-consuming processes associated with applying for a patent.

Patentability analysis is the process of using the results from a patent search to provide a legal opinion about the likelihood of an invention being granted a patent. This evaluation is based on the essential criteria of novelty, inventiveness, and industrial applicability, which are necessary for patent approval. Conducting this analysis helps inventors determine whether to pursue a patent, potentially saving them time and money on an application that may ultimately be unsuccessful. Additionally, it can inform inventors about the scope of patent protection they may be able to obtain.

Patent prosecution is the process of communicating with the patent office to secure patent protection. This process involves drafting and filing a patent application, as well as responding to office actions. These responses may include arguments and amendments aimed at addressing any objections raised by the examiner. The goal is to convince the examiner that the invention is patentable and meets all legal requirements for obtaining a patent.

Patent opposition is a formal procedure that occurs before a patent is granted. It allows a third party to challenge a patent application during the publication phase by submitting a formal objection to the patent office in an attempt to have it revoked. Those initiating the opposition must provide valid grounds and evidence to support their claims, such as demonstrating that the application is identical or very similar to an existing patent (lack of novelty) or that it lacks inventiveness.

Patent monitoring involves regularly tracking and analyzing patent applications to identify potential infringements. This allows for prompt legal action to prevent the approval of applications that could undermine existing patents. Since patent publications are publicly announced, they can be monitored to inform our clients if any new patents closely resemble their granted patents.

Patent annuities, also known as maintenance or annuity fees, are annual payments required to keep a patent protected. If these fees are not paid on time, the patent may lapse and enter the public domain, rendering it invalid. In Indonesia, the duration of patent protection is 20 years. We help monitor deadlines, send reminders and submit renewals to the patent office.

A patent assignment transfers ownership of a patent or patent application from one party (the assignor) to another (the assignee). This transfer can happen either before or after the patent is granted. The terms of the transfer are detailed in an assignment document.

On the other hand, patent licensing is an agreement where the patent owner grants permission to another party (the licensee) to use their patented invention in exchange for royalties or licensing fees.

We can draft both assignment and license agreements, as well as negotiate their terms.