Transfer of Patent Rights through Inheritance in the Perspective of Inheritance Law in Indonesia

Abstract

Law Number 13 of 2016 concerning Patents does not regulate in detail the procedure for the transfer of rights that are due to inheritance. In inheritance, there is a transfer of rights, therefore an analysis is needed regarding the transfer of patent rights, which can be transferred to three inheritance law. The formulation of the problem used in this research is how is the procedure for transferring patent rights through inheritance based on Article 74 paragraph (1) of Law Number 13 of 2016 concerning Patents? and what law system is used in the transfer of patent rights in terms of inheritance law in Indonesia? This study uses a normative legal research method with a statutory approach and a conceptual approach. The results of the study show that the transfer procedure through inheritance is not regulated detail in Law Number 13 of 2016 concerning Patents. Indonesia have 3 inheritance legal systems, namely customary, Islamic and civil inheritance. The inheritance law system used in the transfer of patent rights is civil inheritance law, because it is easier to do than through customary inheritance law or Islamic inheritance law. The civil inheritance law doees not distinguish between male heirs and female heirs and does not distinguish birth order with the legal basis of the Civil Code. Law Number 13 of 2016 concerning Patents must regulate in more detail the procedures for transfer through inheritance and distribution for Patent Rights with the establishment of implementing regulations in the form of Government Regulations