The legal protection provided by the state through Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016 on Patents, specifically regarding Defense and Security Equipment (Alpalhankam) related to national defense and security, is explicitly and implicitly outlined in Article 109 Paragraph (1) letter a of the Patent Law. This provision affirms the Government's authority to independently implement patents in Indonesia when deemed necessary for national defense and security interests. In such cases, patent holders are restricted from exercising their exclusive rights. To ensure the confidentiality of Alpalhankam patents and to safeguard the moral and economic rights of inventors whose patents are appropriated by the Indonesian government, it is essential to establish a dedicated patent management body under the Ministry of Defense. This model follows practices adopted by countries such as China and South Korea.
Ateng Karsoma (Tue,) studied this question.