It is possible that one product may contains two elements of intellectual property. Protection is granted through an application and registration procedure to the Directorate General of Intellectual Property.

Advancement in technology will always happen. Every technological advancement is the work of an inventor and/or designer. They work hard to pour out their’ thoughts and creativity into things that are tangible. This new invention is something that has never existed before and provides benefits for the public.

A new invention and/or design that has been realized, may provide benefits to the public and has an economic value is an intellectual property. Patents and Integrated Circuit Layout Designs are both inventions that can provide benefits to the public. Although both are beneficial for technological advancement, there are differences between the two.

Patents are regulated by the Law No. 13 Year 2016 regarding Patent (“Patent Law”). Article 1 of the Patent Law defines Patent as “an exclusive right granted to an inventor by the state as the result of his/her invention in the field of technology for a certain period of time to exclusively carry out or implement the invention or to give consent to other party. “

The definition of an invention itself is “an inventor’s idea that expressed into a specific problem-solving process in the field of technology in the form of a product or process, or the improvement and development of a product or process”. Therefore, an inventor is defined as “a person or several people who together implement an idea that is poured into activities that result in an invention”.

Protection for inventor can be granted for “patent” and “simple or utility patent”. Patent is granted for an invention that is new, contains inventive steps, and can be applied in industry. Inventive steps mean that the said invention cannot be predicted previously by certain experts in the field. Simple or utility patent is granted for every new invention, that is a development and/or improvement of an existing product or process, and can be applied in industry. Simple patent must have a more practical function or use than the previous inventions or be in the form of a new process or method.

Applications for registrations for patents or simple or utility patents are submitted to the Directorate General of Intellectual Property. All complete information on the title, description, claims, abstract of the invention, and drawings in the description—which clarify the inventions—are included in the applications. Patent protection is granted for 20 years, while simple or patent is granted for 10 years.

On the other hand, Integrated Circuit Layout Designs are regulated by the Law No. 32 Year 2000 regarding Integrated Circuit Layout Design (“Integrated Circuit Layout Design Law”). Article 1 of the Integrated Circuit Layout Design Law defines an integrated circuit as “a finished or semi-finished product that contains various elements and at least one of these elements is an active element, which is partly or wholly interconnected and formed in an integrated semiconductor material intended to produce electronic functions”.

Furthermore, the definition of a layout design is “a creation in the form of a three-dimensional layout design of various elements, at least one of which is an active element, as well as some or all of the interconnections in an Integrated Circuit and the three-dimensional layout is intended for the preparation of making an Integrated Circuit”. Then, the Integrated Circuit Layout Design Law defines a designer as “a person or several people who produce an Integrated Circuit Layout Design”.

Another important definition in the Integrated Circuit Layout Design Law is the rights to an integrated circuit layout design, namely “an exclusive right granted by the Republic of Indonesia to a Designer for the results of his/her creation, for a certain period of time to carry out or implement themselves, or to give consent to another party to carry out or implement the rights”.

Integrated Circuit Layout Design rights is granted for an original Integrated Circuit Layout Design, meaning that the design is the independent work of the designer and not an imitation of the work of another designer. The design is also not something common among designers at the time the Integrated Circuit Layout Design was created.

Integrated Circuit Layout Design protection is being obtained by submitting an application to the Directorate General of Intellectual Property. A copy of the drawing or photo and description of the Integrated Circuit Layout Design are included in the application. Integrated Circuit Layout Design protection is granted for a period of 10 years.

Hence, there are clear differences between the two intellectual properties, that are patent—to include simple patent—and Integrated Circuit Layout Design. Patent is the exclusive rights of an inventor over his/her invention in the field of technology, while Integrated Circuit Layout Design rights is the exclusive rights of a designer over his/her creation in the form of Integrated Circuit Layout Design.

It is possible that in one product contains two intellectual properties, such as Patent and Integrated Circuit Layout Design. For example, a product of a smartphone contains various patents and Integrated Circuit Layout Designs. Various patents in a smartphone, for example, patent for an electronic device with a touchscreen base, patent for panoramic photo-taking method, patent related to screen lock method, patent for slide-to-unlock method, and many more. In a smartphone, there are also series of diodes, transistors, and capacitors that are Integrated Circuit Layout Designs. In order for the smartphone to function properly.

This article is also published at: https://www.hukumonline.com/berita/a/membandingkan-paten-dan-desain-tata-letak-sirkuit-terpadu-lt6668cd184b958/?page=1#