Patents as collateral are regulated under Law No. 13 of 2016 concerning Patents. Article 108, paragraph (1) states that patent rights may be used as fiduciary security, while paragraph (2) suggests that government regulations shall regulate further provisions. Article 108 paragraph (2) was later amended by Law No. 65 of 2024, the Third Amendment to Law No. 13 of 2016, stipulating that the requirements and procedures for submitting patent rights as fiduciary security shall be carried out according to the prevailing laws and regulations on fiduciary guarantees. However, the laws and regulations governing fiduciary guarantees are not comprehensive in addressing patents as collateral, and challenges remain related to the intangible nature and characteristics of patents as security objects. This legal research seeks to identify relevant legal norms, principles, and doctrines to address this issue. The study adopts statutory, conceptual, and comparative approaches to resolve the problems related to the regulation of patents as fiduciary security objects. From the analysis of existing regulations and a review of how other countries regulate patents as security, this research concluded that the regulation of patents as collateral needs to be further developed. Additionally, a dedicated institution is necessary to handle patents specifically as collateral.
Arief et al. (Tue,) studied this question.