Patent Collateral Formulation in the Framework of Patent Commercialisation Structuring in Indonesia

DOI

10.2991/978-2-38476-491-4_12How to use a DOI?

Keywords

Patent Collateral; Formulation; Patent Commercialisation

Abstract

Patents, as the exclusive rights of inventors, hold economic value and are legally recognised as objects of collateral under Indonesian law. However, collateral use faces challenges due to the lack of comprehensive legal provisions. Employing a normative juridical approach, this paper presents alternative solutions to the issues surrounding patent collateralisation. It incorporates statutory, conceptual, theoretical, and comparative approaches to propose viable solutions for treating patents as collateral objects. Given the proprietary nature of patents and the mandate of Law No. 65 of 2024, which delegates authority to the Fiduciary Law for the implementation of patent collateral, the current legal norms remain inadequate to fully facilitate such implementation due to regulatory loopholes. Therefore, amendments through legal modification are deemed necessary. Drawing on the experiences of several countries and examining the obstacles and corresponding solutions, this study proposes establishing a patent market as an alternative solution. This patent market would serve as a platform for valuing and collateralising patents under the supervision of the Directorate General of Intellectual Property (DGIP). Thus, the dynamic value of patents in the market can be more easily monitored, providing accurate data for patent valuation and facilitating the assessment of assets as collateral objects.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sofyan Arief
AU  - M. Fadli
AU  - Yuliati Yuliati
AU  - Hanif Nur Widhiyanti
AU  - Amelia Sri Kusumadewi
PY  - 2025
DA  - 2025/11/18
TI  - Patent Collateral Formulation in the Framework of Patent Commercialisation Structuring in Indonesia
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 129
EP  - 144
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_12
DO  - 10.2991/978-2-38476-491-4_12
ID  - Arief2025
ER  -