Patent Specification Claims as Determinants of the Extent of Patent Right Monopoly in Industry

This article focuses on determining the scope of Patent protection in order to provide legal security. Both technological and economic interests are paramount to limiting the scope of Patent protection. Patent is a legal construction that grants exclusive rights to the inventor in the form of legal monopoly rights. Regulation No. 6 of 1989 on Patents in Indonesia had been amended later to Regulation No. 13 of 1997 and ultimately Regulation No. 14 of 2001, all of which have been made in accordance with the ratification of the Marrakesh Agreement. Nevertheless, none of the regulations above stipulate the scope of Patent protection. This study is a legal study adopting statute, case, and comparative approaches. The findings show that (1) the essence of Patent protection lies on the claim, including the meaning of claim and the claim wording; and (2) the scope of Patent protection is subject to both technological and economic interests.