COMMUNITY RIGHT TO HEALTH ON PHARMACEUTICAL PATENTS

Patents are awarded for intellectual results in technology. In Indonesia, patentable inventions as stipulated in the Act No. 13 of 2016 on Patents are a new invention, contains inventive steps and can be applied in the industry. The use of the phrase "and" in Article 3 paragraph (1) of the Patent Act indicates the obligation of fulfillment of these three conditions in order for an invention to be protected by patent. Unfortunately, the third condition of the chapter “applicable in the industry,” becomes a kind of restriction that can lead to many discoveries unstable. This happens because not all invention can be directly applied in the industrial sector. Patents are granted on a registration basis. The nature of the patent is constitutive (who lists it first), not the declarative (who first announced it). As a result, the inventor must register immediately after successfully inventing the invention so that the patent on the invention is not owned by any other party. Procedurally, in Indonesian law, to be granted a patent, the registration of the invention should not be preceded by the publication of the invention either outside or within the country