Article 55(1) If the result of the

Article 55
(1) If the result of the examination conducted by Patent Examiner concludes that the invention complies with the provisions of Article 2, Article 3 and Article 5 and other provisions of this Law, the Directorate General issue a Patent Certificate to the applicant or his attorney.
(2) If the result of the examination conducted by Patent Examiner concludes that the invention complies with the provisions of Article 3, Article 5 and Article 6 and other provisions of this Law, the Directorate General may issue a simple patent certificate to the applicant or his proxy
(3) The Directorate General shall record and publish a patent that has been granted, except for patent applications which concern the defense and security of the State.
(4) The Directorate General may provide copies of the patent document to any person in need upon the payment of a fee, except for patents that are not published as referred to in Article 46.
Article 56
(1) If the result of the examination carried out by the examiner indicates that the invention for which a patent has been requested does not fulfill the provisions of Article 2, Article 3, Article 5, Article 6, Article 35, Article 52 paragraphs (1) and (2), or is included among inventions as referred to in Article 7, the Directorate General shall refuse the relevant application and shall notify the applicant or his attorney in writing.
(2) The Directorate General shall also refuse an application that has been divided, if the division has expanded the scope of invention or the request for the division was filed after the end of period as referred to in Article 36 paragraph (2) or (3).
(3) If the result of the examination carried out by the examiner indicates that the invention for which a patent has been requested has not fulfilled the provision of Article 36 paragraph (2), the Directorate General shall refuse parts of the application and notify the applicant or his attorney in writing.
(4) The notification of refusal of an application shall clearly state the reasons and considerations that constitute the basis for the refusal.
Article 57
(1) A patent certificate shall be the proof of right on patent.
(2) The Directorate General shall record the notification of refusal.
Article 58
A patent shall be effective as of the date of issuance of a patent certificate and shall be valid retroactively as of the filing date.
Article 59
Further provisions concerning the granting of patent certificates, their form and contents and other provisions regarding the recording and the request for copies of patent documents shall be regulated by a Government Regulation.
Part Four Appeal Petitions
Article 60
(1) An appeal may be filed against the refusal of an application in respect of reasons and basic considerations pertaining to substantive matters as referred to in Article 56 paragraph (1) or (2).
(2) A request for appeal shall be filed in writing by the applicant or his attorney to the Patent Appeal Commission with a copy to the Directorate General.
(3) A request for appeal shall be filed by describing in detail the objections to the refusal of the application as the result of substantive examination and stating the grounds therefore.
(4) The grounds as referred to in paragraph (3) must not constitute new reasons or explanations that expand the scope of invention as referred to in Article 35.
Article 61
(1) A request for appeal shall be filed no later than 3 (three) months from the date of the notification of rejection of the application.
(2) If the period as referred to in paragraph (1) has elapsed without an appeal petition, the refusal of the patent application shall be deemed to be accepted by the applicant.
(3) In the event the refusal of an application has been deemed to be accepted as referred to in paragraph (2), the Directorate General shall record and publish this fact.
Article 62
(1) A request for appeal shall be examined by the Patent Appeal Commission at the latest 1 (one) month from the date of filing of said request.
(2) The Patent Appeal Commission shall make its decision no later than 9 (nine) months from the end of period as referred to in paragraph (1).
(3) In the event the Patent Appeal Commission accepts and approves an appeal petition, the Directorate General shall be obliged to implement the decision of the Patent Appeal Commission.
(4) If the Patent Appeal Commission refuses an appeal petition, the applicant or his attorney may bring a legal action against the decision to the Commercial Court within the period of 3 (three) months from the date of receipt of the refusal.
(5) Upon the decision of the Court as referred to in paragraph (4), the applicant may only file a cassation to the Supreme Court.
Article 63
The procedure of filing a request, examination as well as the settlement of appeals shall be further regulated by a Presidential Decree.
Part Five Patent Appeal Commission
Article 64
(1) The Patent Appeal Commission is a special independent agency and operates within the department in the field of intellectual property right.
(2) The Patent Appeal Commission shall comprise a chairman who also acts as member, a deputy chairman who acts also as member and members consisting of several experts in the necessary fields, and senior patent examiners.
(3) The members of the Patent Appeal Commission as referred to in paragraph (1) shall be appointed and dismissed by the Minister for a service period of 3 (three) years.
(4) The chairman and deputy-chairman shall be elected from and by the members of the Patent Appeal Commission.
(5) To examine an appeal, the Patent Appeal Commission shall establish a hearing board with an odd number, at a minimum of 3 (three) persons, one of whom shall be a senior examiner who has not conducted the substantive examination of the relevant patent application.
Article 65
The organizational structure, duties and functions of the Patent Appeal Commission shall be further regulated by a Government Regulation.
CHAPTER V TRANSFER AND LICENSE OF A PATENT
Part One Transfer
Part Two Consultant of Intellectual Property Rights
Article 25
(1) An application may be filed by the applicant or through an attorney.
(2) The attorney as referred to in paragraph (1) shall be a consultant of intellectual property rights registered at the Directorate General.
(3) As from the date of receipt of a power of attorney, the patent consultant shall be obliged to safeguard the secrecy of the invention and all documents of the patent application until the date of publication of the relevant application.
(4) The provisions regarding the requirements to be elected as a consultant of intellectual property rights shall be regulated by a Government Regulation whilst the procedure for election shall be regulated by a Presidential Decree.
Article 26
(1) An application which is filed by an inventor or an applicant who does not reside or does not have a fixed domicile in the territory of the Republic of Indonesia must be filed through his attorney in Indonesia.
(2) The inventor or applicant as referred to in paragraph (1) shall declare and choose his residence or legal domicile in Indonesia for the purpose of such application.
Part Three Application with Priority Right
Article 27
(1) An application filed with priority right as regulated by the Paris Convention for the Protection of Industrial Property shall be submitted within a period of 12 (twelve) months as from the date the first application is received by any country which also participates in such convention or has become a member country of the Agreement Establishing the World Trade Organization.
(2) With due observance to the provisions of this Law concerning the requirements which must be fulfilled in the application, an application with priority right as referred to in paragraph (1) must be completed with a copy of the priority document validated by the competent authority in the country concerned within a period of 16 (sixteen) months as from the priority date.
(3) If the requirements contained in paragraphs (1) and (2) are not fulfilled, the application shall not be filed with priority right.
Article 28
(1) The provisions as referred to in Article 24 shall be applicable mutatis mutandis to an application with priority right.
(2) The Directorate General may request that an application filed with priority right shall be supplemented with:
a. an official copy of the documents pertaining to the substantive examination of the first patent application overseas;
b. an official copy of the patent documents which have been granted with respect to the first patent application made overseas;
c. an official copy of the decision concerning the rejection of the first patent application made overseas in case such application is rejected;
d. an official copy of the decision for the annulment of the relevant foreign patent which has been issued overseas in case such patent has been annulled;
e. other documents which may be required in order to facilitate an evaluation that the invention for which a patent has been requested is a new invention and actually involves an inventive step and is industrially applicable.
(3) The submission of the copies of documents referred to in paragraph (2) may be supplemented with a separate additional clarifications by the applicant.
Article 29
Further provisions regarding the request for a priority document from the Directorate General and pertaining to the application that is filed with a priority right shall be regulated by a Presidential Decree.
Part Four Time of Receipt of an Applica