PERLINDUNGAN PATEN TERHADAP EXTENSIBLE MARKUP LANGUAGE YANG DIGUNAKAN DALAM PAKET PROGRAM KOMPUTER OLEH PIHAK LAIN BERDASARKAN UNDANG-UNDANG NOMOR 14 TAHUN 2001 TENTANG PATEN DAN KEPUTUSAN PRESIDEN NOMOR 16 TAHUN 1997 TENTANG RATIFIKASI PATENT TREATY COOP

Christian Andersen

Abstract


In incremental technology industries like computer software, where new developments necessarily build upon existing technologies and innovation occurs through small improvements rather than real breakthroughs, a lot of inventors trying to give their innovation with law protection,
even now patent not only protect computer software but also its algorithm for example Extensible
Markup Language Patents(XML) registered with 5,787,449 in United States which recently has
been a well-known case in US court between i4i versus Microsoft.
PCT has open the opportunities the patent protection for computer software in Indonesia including
XML feature, and it gives somehow a “software patents paradox” dilemma when patent keep growing bigger and the stronger patent protection effecting the social communal reduction that has been known in Indonesia. Speaking in radically, patent leads us to individualistic way of life.
While on the other hand the fact that Patent gives more protection for the patent holder as the rewards for their work to create some invention with its temporarily monopolistic even though not giving benefits to the society and in general for the developing countries like Indonesia. Final word , Patent protection for software and its algorithm isn’t there as long as it hasn’t registered in regional patent protection PCT, so XML featured software is free to be sold.
Key Words: Software patents; XML.

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