Analisis Yuridis terhadap Sengketa Penggunaan Hak Paten atas Invensi suatu Alat Sterilisasi untuk Pengolahan Tandan-Tandan Kelapa Sawit (Studi Putusan MA Nomor 1130 K/PDT.SUS-HKI/2021)

Abstract

Legal protection for patent holders is guaranteed by Law No. 13 of 2016 on Patents to prevent others from making, using, or doing anything related to a patent without permission. However, in reality, patent disputes still occur, including patent violations such as the unauthorized use of patents (without a license). This study addresses three main issues : (1) How is legal protection provided for patents on an invention of a sterilization tool for processing palm oil bunches that has been registered under Law No. 13 of 2016 on Patents. (2) Why did the Central Jakarta Commercial Court Decision No. 46/Pdt.Sus- Paten/2020/PN Niaga Jkt.Pst reject the lawsuit from the registered patent holder. (3) What legal considerations did the judge take into account in the patent dispute over an invention of a sterilization tool for processing palm oil bunches in the Supreme Court Decision No. 1130 K/ Pdt.Sus-HKI/2021. This research uses a normative legal research methodology with a statutory approach and legal concept analysis. The research is descriptive in nature, using primary legal materials such as Law No. 13 of 2016 on Patents and secondary legal materials, including literature on Patents and Unlawful Acts. The findings confirm that a patent is an exclusive right granted by the state to an inventor for the invention of a technology for a certain period, allowing the inventor to use the invention themselves or grant a license to others to use it. A patent holder can allow others to use the patent, and in case of patent infringement, the inventor as the patent owner may file a lawsuit for damages due to unauthorized patent use . However, there is still a lack of understanding about patent infringement, which leads to opportunities for others to use the patent without permission.