Definition and Examples of Patents and Differences with Copyrights

Definition and Examples of Patent Rights – You must be familiar with the figure of the 3rd President of Indonesia, Bacharuddin Jusuf (BJ) Habibie, right? He is considered to have extraordinary intelligence, making him have many services in the world of aviation, not only in Indonesia, but also in the world.

He himself developed various theories and technologies that are useful in the field of aviation. BJ Habibie owned 46 patents until he died on September 19 2019. The patents he owns have helped many developments in the aviation world to date.

It turns out that a patent on an object or product has an important function and impact. Ownership of something original needs to be stated clearly by applicable laws. Check out the following information regarding the definition and examples of patents.

Definition of Patent Rights

This article will not focus on the figure of BJ Habibie, but something that he owns and has been used by many people in the aviation sector. More specifically, we will discuss the definition and examples of patents.

When discussing the meaning of patents, in simple terms, you might be able to understand that a patent is something that is invented and owned by someone. And the understanding that you have is not far from the topic of ownership of an item.

Referring to the Big Indonesian Language Dictionary (KBBI), a patent is a right granted by the government to a person or company at their application, so that they can enjoy their own creations or findings and receive protection against possible imitation by other parties of their creations or findings.

So, basically a patent, or in English it is also known as a ” patent “, is a law that allows someone to claim what they have made without having to worry about someone admitting something they made. This is important because sometimes someone can pretend to be the owner of something.

Moreover, if the object is made with a high level of difficulty and takes a long time. Of course the creators of these objects do not want their creations to be recognized or used arbitrarily without their permission. What if the object is misused or damaged?

Patent laws are regulated in each country, so they differ from one country to another. Even so, the purpose of patents remains the same, namely so that the creator of the object does not feel disadvantaged by the indiscriminate use of others.

Patent History

You need to understand that patents don’t just appear in society just like that. There is quite a long and winding history before we can finally get patent law as we know it in this modern era.

Like many things, the history of patents comes from the European continent, to be precise from Italy in the 15th century. Derived from a text known as the “Venetian Patent Statute”, this country introduced the term patent which is currently used in the modern era.

Even so, history records that the patent itself was used in 500 BC, where historians found ancient Greek manuscripts containing a discussion of awards for people who managed to find shocking objects.

In addition, in the British Isles, to be precise in the 14th century, letters were also found with similar content to the ancient Greek manuscripts that were previously discussed. A number of companies on the island obtain patents because they have succeeded in creating objects that are useful to the community.

The forerunners of the modern patent were systematically granted in Venice, Italy, around 1450, where they issued a decree stipulating that new and inventive inventions must be communicated to the state for legal protection against infringement of the use of the object concerned.

Then, only a number of other countries in Europe applied what Italy did to new discoveries. Historians observe that France and England are the 2 most influential countries in spreading the term patent rights in Europe.

In Indonesia itself, the term patent has been used since the Dutch colonial era, to be precise since the 1840s. At that time, the Dutch government introduced intellectual property law (IPR) against their colonial powers in Indonesia.

Even after Indonesia was free from colonialism, we still used the patent law introduced by the Dutch. Of course, patent rights in Indonesia are adjusted from time to time, and have changed according to the needs of the people in that period.

The law regarding patents is not difficult enough to understand. Friends who are quite new to the field of law can also learn patent law with a little intention and effort.

Example of a Patent

If we discuss examples of patents, you can find lots of someone’s creations that have been patented so that they are not used carelessly. And these creations are generally in the form of scientific works or objects that smell of Science and Technology (IPTEK).

In the case of BJ Habibie, for example, one of his theories is called the crack theory , which is a theory capable of predicting cracks in airplanes. This theory succeeded in minimizing the accident rate of aircraft fleets, and BJ Habibie as the creator of this theory patented his theory so that it would not be used carelessly.

Apart from the example from BJ Habibie, there are many other examples of patents that cannot be reviewed one by one in this article. To add to your understanding regarding examples of patents, here are some examples of patents by a number of well-known figures.

1. Patent on Telephone by Alexander Graham Bell

The telephone communication device was a quite shocking invention in its time. The figure of Alexander Graham Bell has a very large service in the world of technology and communication, considering that the existence of the telephone makes it very easy for people to communicate over long distances.

An invention of this magnitude is of course worthy of being patented, because its influence is felt in the surrounding community. Alexander Graham Bell finally created a telecommunications company called the American Telephone & Telegraph Company (AT&T), and that’s where the telephone patents were kept.

2. Patent on Bluetooth by Jaap Haartsen

Bluetooth is a technology that allows users to transfer data from one device to another, via small radio signals. Almost all technological devices in this modern era have Bluetooth, from cellphones, laptops, televisions, to cameras.

Is Jaap Haartsen, a man from the Netherlands, who succeeded in developing this technology. He has tried to patent bluetooth several times, although he had encountered obstacles from a number of parties trying to patent his creation.

3. Patent on the AstraZeneca Vaccine by Sarah Gilbert

The AstraZeneca vaccine is one of many vaccines circulating in the community, with the aim of increasing people’s immunity against the Covid-19 virus. Is Sarah Gilbert, the scientist behind the successful discovery of this vaccine.

An important invention like the AstraZeneca vaccine certainly deserves a patent. Even though Sarah Gilbert succeeded in obtaining the patent, she gave up her patent on this vaccine to be released so that people could get the AstraZeneca vaccine at a more affordable price.

4. Patent on Chicken Claw by Prof. Dr. Ir. Sedijatmo

This form of construction helps a lot of people who work in the building sector. And it’s not only the Indonesian people who are helped, but also other people in various parts of the world, so that the patent for chicken claw by Prof. Dr. Ir. Sedijatmo has been used by many countries.

5. Patent on 4G LTE by Dr. Eng. Khoirul Anwar

4G LTE technology is a technology that helps us to be connected more quickly to the internet. And this technology is the result of a scientist from Indonesia named Dr. Eng. Khoirul Anwar. He published his findings in 2010.

Again, this invention is too good to be patented. Dr. Eng. Khoirul Anwar has obtained his patent, and currently 4G LTE technology has also been used by many companies engaged in telecommunications technology in various countries, including Japan and the United States.

6. Patent on ECVT by Dr. Warsito Purwo Taruno

Electrical Capacitance Volume Tomography (ECVT) technology is not something that the general public often hears about. Even so, ECVT is a very useful technology in various fields of science, because of its ability to scan something from the inside of the wall to the outside, and vice versa.

This tool was created by a man from Indonesia named Dr. Warsito Purwo Taruno, and his patent has been used by many agencies. One of them is the National Aeronautics and Space Administration (NASA), which uses it for scanning space shuttles and satellites.

Difference between Patent and Copyright

Now, you understand and have a clear picture of patents. So far we have discussed a number of topics ranging from the definition and examples of patents, as well as their history. Even so, there is one more thing that seems to need to be clarified regarding patents.

Apparently, there are still many people who do not distinguish between “patents” and “copyrights”. Even though the two names look the same, in fact there is a significant difference between the use of the terms patent and copyright.

Back to KBBI, copyright has the meaning as a person’s right regarding his invention which is protected by law. Here, the invention in question can be in the form of books, making designs, to creating music.

So, basically copyright, or also known as ” copyright ” in English, is a term used to protect someone’s work from being used that seems reckless. Sounds the same as a patent, but there are some fairly specific differences.

If patents are used for objects related to science and technology and scientific in nature, copyrights are generally used for objects related to works of art, both physical and non-physical objects.

You can find lots of examples of things that are protected by copyright. Physical objects such as paintings, sculptures, fiction novels and clothing models, as well as non-physical objects such as music, videos, poetry and dance, are just a few of the many examples.

In Indonesia alone, the difference between patents and copyrights can be found in 2 different laws (UU). Patent rights are regulated by the government in Law no. 28 of 2014, while copyright is stated in Law no. 13 of 2016.

Even so, the fact that copyrights and patents are made in order to protect creators from unwanted things, such as recognition of works from unknown parties or irresponsible use of works. And proven, copyrights and patents managed to ensure the creators are safe from these things.

Maybe there are still some of you who don’t really understand the difference between patents and copyrights from the explanation above.

How to Get a Patent

If you feel that you have created or are planning to create an object or theory that you have never heard of before, you can apply for a patent on your creation to a government agency such as the Ministry of Law and Human Rights (Kemenkumham).

Of course you also have the option not to patent your creation. However, you must be careful of all the potential risks if your creation is not patented. There are quite a few cases where someone lost his invention because he didn’t patent it.

There are several things that you should pay close attention to if you want to patent your creation. These things are in the form of conditions that can be patented, as well as how to patent the invention:

  • These findings must be new objects that have never been seen before.
  • These findings must be able to bring progress in the field related to the invention.
  • These inventions must be able to be applied in real industry, without any problems.
  • Completing standard application documents such as KTP, Birth Certificate, etc.
  • Completing documents to prove the objects created, starting from photos of objects, descriptions of objects, statements of ownership of objects, etc.
  • Follow the procedures and directions provided by the Ministry of Law and Human Rights or other relevant agencies.

That’s how to get a patent for friends who want to patent your creation. You may already be aware that the method above is a general description for people who want to patent their creations. For this reason, it would be nice if you did more research on the Ministry of Law and Human Rights or other related institutions.

Thus the discussion regarding the meaning and examples of patents. Hopefully, friends, you will understand more about the meaning and examples of patents, as well as the history, how to get them, and the differences between patents and copyrights. Who knows, this article can inspire you to create something useful for the nation.