AUTOMATION OF INTELLECTUAL PROPERTY OFFICE DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY RIGHTS REPUBLIC OF INDONESIA
Said Nafik
Final Report JPO Fund Research Fellowship July 01, 2001 – December 15, 2001
Table of Content
I.
Background I.1. Introductory I.2. Problem Formulated
II.
Preparation of Automation System II.1. Human Resources II.2. Hardware and Software II.3. Supporting Facility
III.
Automation III.1. Gathering Information III.2. Analysis Information III.3. Dissemination and Service of Information III.4. On-line Registration Preparation III.4.1. Telecommunication Network III.4.2. Facility and Equipment III.4.3. Regional Human Resources III.5. Filling Management III.6. World Bank Project III.6.1. Scope III.6.2. Time Frame
IV.
Japan Patent Office Automation
V.
Conclusion
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1 CHAPTER I BACKGROUND
Automation is one way for optimalized of activities that expected to reduce or decrease the missing for doing the routinely and structure job with fixed parameter. Its very important to enhanced the services to customer and to making decision for the leader with accurately, effective, and efficient. Directorate General of Intellectual Property (here after stated “DGIP”) as one of agency in the Department of Justice and Human Rights, Republic of Indonesia, have responsible under this department as detail described on Essential Job and Function of the DGIP. The field that become service by DGIP are related to registration of intellectual property rights (here after stated “IPR”) and dissemination the IPR information to the public in the term to educated how important of IPR field to developed the country and to face the globalization era. To successful the service, DGIP needed enough means or equipment and human resources with good ability of intellectual, so that can implemented the optimal functional services. Socialization of IPR field to the researcher, university, and industrial environment are very important stage for improving research and development activities that expected new products or process will be resulted with more advanced compared the prior art, meanwhile the new improvement also should be solved the problem in the old technology that inefficient and effective more. Beside that, the new improvement will be manufactured in the industrial scale that resulted opened the new job for manufacture, marketing, and the other related factors. Accordingly, the IPR field is the field that very important to support the economic improvement for public in the country to enhanced the quality of life.
I.1. Introductory
Since, the Indonesian Patent Law Number 6 Years 1989 enacted, DGIP already have started to registered for IPR such as, trademarks, and copyrights. However, the term of automation started later. Started in 1990 have been feasibility study for automation
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project, and resulted the master plan for long-term project (five year). According to the master plan, the first year was developed patent administration, second year for develop the trademarks administration, and the other IPR field in the subsequent years respectively. The master plan, however, could not implemented fully, because the limitation of technology when the master plan established and quickly of information technology development in the subsequent years. Particularly the hardware and software tool have been up to date and nothing maintenance contract agreement with the supplier. Many efforts were tried to adjusting the master plan with the new project to speed up the implementation of automation, but the resulted does not successful anymore. Today some procedures for patent application have being automated such as receiving application, formality examination and first publication. In the other side that World Bank Project for automation started to implementation for develop the new automation system for administration of overall IPR field hopefully this project should be successful.
I.2. The Problem Formulation
The purpose of the research study is to analysis of automation aspect in the Directorate General of Intellectual Property Rights, Republic of Indonesia. For supporting this matters, cooperation with the others Intellectual Property Offices in very important. Automation can implemented by the long-term project and step-by-step should be adjusted according to the requirement that have been re-inventory any time. One of the projects was started with the budget from the World Bank. This project is not the first, but almost overall IP field will be automated, particularly in administration. However, in the future development of automation IP administration is continuation program, therefore requirement analysis will be needed in more detail. The other objective of the research study is to formulated automation area of Intellectual Property Rights with refer to the IP automation in the develop country such as Japan Patent Office and consideration with the new development of Information Technology field for supporting the automation. Encouragement of Intellectual Property
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become more advanced in the future, not only in patent field but also trademarks, design, IC lay-out, traditional knowledge and so on. Therefore the excellent automation should establish to provide enhancement customer service in IP area. The Indonesian population that separated by island (archipelago) is the one problem for socialization of IP field. One of the solution are opened regional office in the pilot-project form, such as three or four regional office that can registered/filing IP application with remote way (on-line application). By the information technology this project should implemented as soon as possible to provide easiness for the public service as responsible of the IP office.
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CHAPTER II SYSTEM PREPARATION
Early stage when the office would like to change the system or procedure from manual to automation needed many preparations that required to changing the work culture and behavior of the employers to do their job or activity. The culture and behavior changing does not easy, which in these cases should spend time and explanations that enough until their appreciated and initiated to be done their responsible job in the efficient and effective way. The conducive environment should establish to support and ensure the lifetime of system or culture that was developed, of course with the advanced equipment and devices.
II.1. Human Resources
Manual culture to be done the jobs that was long time ago to do the work should be change to automation culture, wherein there are many jobs that can be done by computer with accurate, efficient and effective if compared with manual. Shifting the jobs from human to computer will resulted some problems early, the problem should be reduced day by day until they can do comfortable if the DGIP already have anticipated. There are many employers that could not operate computer and do not friendly with the computer work also become problem that should be as soon as possible to solved in the term to prepared the new environment that will be develop. Beside, clean culture in the work area still do not met the requirement of the new computer environment. This culture must change with regulation and discipline. The work environment that will be develop must clean so that can supported to the maintenance of equipment that using to automated also to enhance the healthy and safety of the employers that can support also to clean and good government. To overcome set forth above, the training or education necessary very urged for continuation in progress to all employers that expected will be similarity in ability and work culture so if in the future turn over or mutation or promotion of employer from one
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unit to the other unit can conducted without any problem for office operational, particularly in the unit related. The training or education are included the material such as: a. Working culture Preferably, the material of this training could be provided by external agency that professional in the psychology field to change the motivation for doing their jobs with excellent responsible with any time, condition, and limited budget. In the same time should be explained the important of discipline to be done their task on time that resulted the good services to the costumer. If possible using the religion approach for psychological therapy, which is the work also obligated by their religion and should be done in the right way and perfectly. The agency must prepare all of the material and classified based on the trainer from low-level management until top-level management. b. Clean working environmental culture The individual employer need to get the clean culture training that make their motivation what important and relationship between healthy and clean culture in the daily life. This culture also supported to the maintenance and life cycle of equipment that using for doing their jobs such as computer, or the other peripherals. The worker should be aware that they must doing their job with the other people which need the clean environmental to support comfortable environment and enhanced the quality with effective and efficient to services customer in line with mission of their office. c. Training The organization development always needs training program to become advanced the supporting staff, refreshing their mind, culture change, and make competitive in the future. The DGIP should develop the training materials that concerning all aspect of IP field and the related field for supporting the activity. The first training material that should be provide is introduction to computer including using computer, operating system, user-friendly with computer, and some basic application such as word-processing, excel, and database. In detail of the training course will be described in the other research.
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II.2. Hardware and Software
Information technology is the field with quickly development, this matter will be consideration for planning and purchasing hardware and software that should be supported the automation system. If we following the development, any time establishing of automation does not happen, because every years the hardware and software issued the new generation with so many feature and more advanced compare with the old one. Therefore the stationary step should be determined in the master plan of automation program. New technology (including hardware and software) usually with the huge price, the price can also become consideration to calculated return of investment of the organization budgeting. Based on this problem the office should balance between budgeting, automation target/requirement, with the technology that would like to be used. It is impossible to following the IT development with the up-to-date, so we should adjusted what the appropriate to the office requirement. How to follow the IT development can depicted like the drawing below.
IT development
Step by step adjusted
Time
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It is very popular in the IT field for adjusted step-by-step to following the technology development. Some of the technology development have being becoming standard for continuation in the future. If possible using the standard technology is very useful for progressive development. Selecting hardware and software that suitable for the requirement of the office is very important aspect, so in the future it does not make the new problem. Based on the IP office in the develop country with the number of employer until thousands, we can make scalable of the hardware and software that have been using in IP office, so will reduce the risk of implementation. One of the IP offices that can reference is JPO with the employer more than 2400 person. Hardware and software to automated the IP administration is the biggest system that very complicated. For IP office with about 500 employers may be only 1/5 (a fifth) from the JPO office. The other side also take into consideration is total number of application, internal customer and so on.
a. Hardware The requirement of the hardware should meet of the requirement of the software that would be operated.
The main requirement of the hardware should support the
application in the Internet and Intranet base with quickly respond time for searching, and transmitting the data to or from both internal or/and external user/costumer. The other expected in the future that the hardware also supported to the mobile office with the complicated application software, but user-friendly operated. In general hardware requirement as follows: a.1. Server Server is a central of the processing all of the data IP administration that have being collected in the server storage. Trend of the Information Technology development need a power-full server that can play any time and does not stop operation. Therefore IP office did not enough with one server, so should be separated according to functional of it. Functionally the servers are categorized: Proxy server that service to the link of Internet with several user in the same network for access external data source or home page. This server should dedicated for ensure excellent operation every time.
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Mail server that have function for coordinating receiving, sending, addressing and storing e-mail and service for all employer and customer to communication in the e-mail correspondence. Web server that service to the customers by web application, particularly external customer that they would like to access via Internet. This server also as mean for publication of Intellectual Property such as patent gazette, trademark gazette. Application server is the server that full facility for administration of IP office including filing system, searching system, and so on. The server should access through Intranet system by all employer that have particularly right and authority. Database server that play as engine database of IP containing all of IP database with properly structure and easy to manage for supporting web-database application for both web server or application server. Back-up server is the server for back-up all of the system, if any trouble in the one of the server will be reload until trouble solved. Management server that service to manage of all the servers that connected in single system so everyday monitoring will be conducted automatically. Firewall server is the server that containing software firewall to ensure security of the computer system with full dedicated. Jukebox server, this server will manage CD-ROM that containing patent information and use together for searching and retrieval with specific application software.
a.2. Network For implementation automation system should supported with the properly network that meet requirement for quickly transmitting information or data from server to client. Therefore all off the network component should have broadband transmitting means. The network components will be categorized: Firewall hardware is the network component for enhanced security network both Internet and Intranet from hijacker; Telecommunication line can be ISDN or the other broadband line that have facility for quickly access via Internet;
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Remote Access Server (RAS), that is facility for allowable remote access from regional office directly; Main Switching is the equipment for connecting between server and server also the other network components; Switching is the device for distributed network line to the client; Router, this equipment is facility for supported via Internet with telecommunication line; and the others peripheral including fiber optic cable, UTP cable, protector cable and so on.
a.3. Clients As a client can be personal computer or notebook/laptop that including the network interface card for access to the server. The other hardware that also supporting the system is very important, such as storage media, printer, tape back-up media, toolkit network for troubleshooting and so on.
b. Software Today software is most important in the IT development, because the main requirement for application software is can be operated in any hardware that will be supported. A good system is application software not depend on the hardware and software tools, this is possible to implementation upgrading hardware if in the future performance of hardware become slow. In general the software can classified into three main group, namely: b.1. Operating system There are operating system for network and server, operating system for client. Function of the software is established that the hardware ready to operated with other application software and ready to manage another peripheral that have been connecting. For example, windows 2000 for client, Unix for network and server. b.2. Development tools software (CASE tools) There are many software tools for development the application software in the web platform, each other offering advantage and user friendly for programming. Therefore, selecting the excellent this software can determine successful in the future development.
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b.3. Database Management software Database management software is the engine of database that can be main point in the design of database for supporting software application, which can be accessed by Internet or Intranet. Selection software should be conducted carefully and with considered the development of Information Technology that related. The other software is for supporting the operational of the automation system, such as, security software, anti-virus software, network management software and utility software.
II.3. Supporting Facility
The other side that should be take account in the successful of overall automation system, which is this matters to handle with serious treatment for planning and maintenance division is the supporting facility. This facility included: a. Electrical Power Supply Operated automation equipment at the recent usually fulltime operation, therefore the electrical power supply requirement should ensure to implementation of the system. Many of equipment that needed to operate the system, of course the electrical demand deeply increase. The other side, electrical back-up is necessary to ensure operating if any trouble with electrical source from Power Plan (PLN). With the equipment that had been described above, the office should up-grade for increasing electrical power. Increasing the power resulted another requirement, hat is the electrical network should reconfigure for suitable of the electrical-current.
In the
reconfiguration electrical network, separated computer network with electrical network is very important. Beside that, separated between electrical network with the back-up system and electrical network without back-up system conducted in the reconfiguration also. During reconfiguration, the electrical network design should documented in detail, such as, type of cable, panel distribution, stop-contact and the other peripheral. This matters is very useful for detecting any problem in the next operation. All of the
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peripheral that using in the electrical should meet the standardization to ensure nothing “short-current” will be happen.
b. Air Conditioning Operation environment of the computer equipment, particularly Server, need the comfortable environment according to the specification that have determined in the manual guideline of the equipment. Almost all of the equipment for automation will operate in cold environment. For the office with two seasons, this matter should take into consideration in implementation. c. Space and Office Equipment Today, re-inventory of the office space is necessary as soon as possible. Management of office space can provide to employer for comfortable doing the job with orderly. Actually the office space should enough for around 500 employer, but lack of space management will become problem in the automation system. However, the automation system was established, office equipment such as, table, shelf, chair and so on still necessary for store the paper document by employer. This matter also need to re-inventory existing office equipment. d. Bank For enhanced the customer services, the one of Bank preferably opened the branch in DGIP office. In this case, easier for customer to pay IP application, or may be by debit account, so in the future the customer did not need to bring the cash, but by the card such as master card or smart card. The other side is that employer salary will be directly transfer via account number of each employer. This matter will become efficiency and effective to implementation of the office.
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12 CHAPTER III AUTOMATION
Automation is urged problem in the IP office, without it impossible to establish the good/excellent service to IP customer. IP not only for national level, but should be international level. Both of them IP expected to protect the rights for monopoly in the offering, manufactured, selling, and the other rights for exploitation in the industry. With exploitation in the industry, human/personnel can get the job, earning, distributing revenue, and remove the jobless. To implementation of automation system should be started from the top management of the organization (top-down level) or opposite. In this case, organization structure is the main point for analysis what they would like to be automated. Each of organization have requirement based on the function and essential task when organization established. DGIP established with the essential task force for administration of all intellectual property field including patent, trademark, industrial design, copyrights, and IC lay-out design. To support the administration, regulation/law should provide for each IP field. Based on the regulation, automation of IP field will be developed to implementation of each regulation. In general there are 3 stages in the term for automated, that is Information Gathering, Information Analysis, and Information Dissemination and Services.
III.1. Information Gathering The purpose of information gathering is to collect all of information that necessary to support administration system, which started from filing of IP application until final decision and post registration. Information is related to the data entry in the early step. Each data of IP will be using more that one time by any division of the IP office, so validity data should be ensure security and easy to use. Efficient data entry is being done in the one process with validity. All data or information that must be collected in the form with uniform and standard format will easy to process in the next step. Accordingly, standardization form is
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very important because will determined the way for collecting any information/data. Almost IP office in the developed country, already have standard form for collecting IP information, so preferably to become refer of the IP form is the general term. WIPO also have standard for IP information, then IP office can download from the homepage. Based on the experiences, IP Law and/or regulation, and automation that related to the IP administration, information/data can formulate as follows: a. Bibliographical data In general, for administration of the IP field are needed all of bibliographical data that related to the application of IP. These data will be processing in the each step of treatment from filing until protection was finished. The bibliographical data are included: a.1. Applicant is the party who make IP application with characterized by, Name, Address (Street, Number, City, Zip Code, Telephone number, Country, Country Code, email, home page). a.2. Patent Agent is the party who representative of the applicant with characterized by, Name, ID-number, Address (Street, Number, City, Zip Code, Telephone number, Country, Country Code, e-mail, home page). a.3. Inventor is the party that had been invented of the invention with characterized by, Name, Address (Street, Number, City, Zip Code, Telephone number, Country, Country Code, e-mail, home page). a.4. Classification is the IP classification according to IP field, for example, International Patent Classification for patent field, Nice Classification for trademark and so on. a.5. IP Specification is the specification of IP application that depend on the IP field, for example, Patent include, title of invention, abstract, claims, drawing, and description. b. Assignment These data will be using as assignment letter such as power of patent agent, address change, name change, and so on. c. Employee These data is the staff or employer who in charge of the IP application, such as examiner or administration staff. Usually the employee data will contain, Name, IDnumber, Division-Code, etc.
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d. Others The other data will be entry as resulted of the administration process, such as formality examination, publication, objection/opposition, substantive examination, appeal, and so on.
III. 2. Analysis Information The basic analysis of IP information that already collected should considered on the IP law as the role of how to process IP application. According to Indonesian IP Law, there are many processes for administration. These processes will be mapping as follows: No. Type process
1 Filing (without priority)
Mapping IP process Patent field Trademark Industrial based on field based Design field Patent Law on based on Trademark Industrial Law Design Law
IC-lay-out Copyrights field based based on on IC Lay-out Copyrights Law Design Law
Patent Service Industrial IC-lay-out (Chapter III) (Chapter III) Design (Chapter II) (Chapter III) Simple paten (Chapter III + Art. 6) PCT-DO (Chapter III+IX)
Good (Chapter III)
PCT-RO (Chapter III+IX)
Collective mark (Chapter VI)
Geographica l Indication (Chapter VII)
Service 2 Filing (with priority) Patent (Chapter III (Chapter III Section 3) Section 2) Simple paten (Chapter III Section 3 + Art. 6) PCT-DO (Chapter III Section 3+ Chapter IX)
Good (Chapter III Section 2)
PCT-RO (Chapter III Section 3+ Chapter IX)
Collective mark (Chapter VI Section 2)
Geographica l Indication (Chapter VII Section 2)
Industrial Design (Chapter III Section 2)
N/A
Art work (Art. 26 + 27 + 29)*
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15 Mapping IP process (continued)
3 Formality Examination
Chapter III Chapter III section 4 . section 3 .
4 Publication
First First First (Chapter First (Chapter First (Art. 34) (Chapter IV (Chapter IV IV section 2) III section 5) section 1) section 2) Second (Art. 55 (3))
5 Objection/Oppositi (Art. 45) on Art. 48+49 6 Substantive request Art. 50-56 7 Substantive examination 8 Amendment Art. 35 9 Divisional Art. 36 10 Change application Art. 37
Art. 36.
N/A
N/A
N/A
Chapter IV section 1 N/A N/A N/A
First (Chapter IV section 2) N/A N/A N/A
N/A N/A N/A N/A
Chapter III section 4 . Chapter III section 5 .
N/A
N/A
12 Withdrawal
Art.39
13 Register
Chapter IV Art. 20 . section 3 .
14 Rejection
Art. 20 .
15
Art. 29 .
17 18 19 20
Art. 31 + 32 + 33.
(Art. 26)
N/A
16
Chapter III section 2 .
(Art. 24)
11 Re-examination
Chapter IV section 3 . Appeal Chapter IV section 4 . Assignment Chapter V section 1 . Licensing Chapter V section 2 . Compulsory Chapter V Licensing section 3 . Cancellation Chapter VI Dispute Settlement Chapter XII
Chapter IV section 1 .
Art. 39, 40, 41 + 42 . Art. 43 - 49 N/A
First (Chapter First (Chapter N/A IV section 2) III section 3 + Art. 16) First (Chapter First (Chapter Art. 34. IV section 2) III section 5) First (Chapter N/A IV section 2) N/A N/A
Chapter I Section 6 N/A
Chapter V section 1 Chapter V section 2 N/A
Art. 35 + 37
Chapter IV section 1 . Chapter IV section 2 . N/A
Chapter VII Chapter VI Chapter V Chapter XI Chapter VIII Chapter VII
Chapter IIIA N/A Art. 36 + 38 N/A
21 Injunction 22 Maintenance 23 Investigation
Chapter XIII Chapter XII Chapter IX Art. 114 N/A N/A Chapter XIV Chapter XII Chapter X
N/A N/A Chapter VIII
N/A N/A Chapter VIA
24 Extent period
N/A
N/A
N/A
Chapter IV section 8
N/A
*art work in the form: a. A book, pamphlet, and all other written works; b. Talk, lecture, speech and other work which are orally created; c. Audiovisual aids made for scientific purposes; d. Song or musical works with or without text, including gamelan music; e. Drama, dance (choreography), wayang, pantomime; f. Performance;
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g. Broadcasts; h. Fine art of all kinds such as painting, drawing, engraving, calligraphy, carving, sculpturing, collage, applied art in the form of handicraft; i. Architecture; j. Maps; k. Batik; l. Photography; m. Cinematography; n. Translation, religious commentaries, adaptations, anthologies and other works resulting from transformations; o. A computer program; p. Sound recording. The other process that also important is the searching (prior art search or general). This process usually use for any person to find data or information that have been store in the database for public service. For prior art searching that conducted by examiner should be automated with full text document. For supporting decision making by the top level management, statistical data need to be resulted by statistical process. This process will generate and analysis data from many view of point that represented on many form such as graphical or just textual. Benefit of statistical process is included report preparation (annually, monthly, financial, mapping IP field and so on). Another process that also supporting to the foreign applicant that also recommended by the IP law is agent/patent attorney registration. Agent/Patent Attorney is the representative of applicant, particularly for filing application from foreign country, it’s case to facility for communication with the IP office. All of application from foreign country should have fixed representative in the national of IP office. For handling this matters the Agent/Patent Attorney must registered in IP office. All of the process as set forth in above have requirement each other, so the attention for each requirement is very important to considered relationship one process to the other process, parallel or serial process, and what kind of information or data become input or output of each process. Accordingly, with knowing of these processes, automation system can expected completely establishing. Then human resources problem will solve by training program, particularly in automation field. III.3. Dissemination and Service Information
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The benefit of information is very useful if available to the right person that would like to use it for decision making by them. IP field is involved information that necessary to corporate, industry, research institution, and the other agent. Provide of information to the user or customer is responsible of the IP office that have already gathering all of information concerning about IP field. This responsible is also supported by IP law for publish IP application with many ways such as by Internet, paper document and so on.
Common term to provide information is dissemination and service
information both in internal or external of IP office. Distributing of information to the user is one type of dissemination information, wherein in this case user requirement should be considered so IP office will provide treatment or facility that met with the requirement. For
making
good
service
of
information, first point that should take account is the content of information and representative of information. By this point, user will interesting to see, observation, and expected they would like to read of information. The method for dissemination and service information are classified into traditional (such as paper form) and modern (such as electronic form). Today, many organizations that have already use traditional method for conducted dissemination information started move to the modern method. Therefore, there are some matters that must be took into consideration, such as: a. Standardization the computer system This matter is included many thing that related to the information technology development such as media for storing information, telecommunication line for exchange information, and method for retrieval information. Today the very famous media for exchange information is via the Internet by using web-browser. Accordingly, IT have been developed many means/software for transferring, and retrieving of information with the standard form such as HTML, XML and so on. b. Quality Control Cost dependence for dissemination information electronically is not huge budget, but huge human resources, so the overall costs become one aspect that should take account in the dissemination information implementation. Validity and up-to-date of
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information must always maintain everyday to provide customer services. Customer satisfied is the objective of the dissemination information. c. Value-added Information The customer educational is also important to address in looking for information with value-added to them. The matter can follow-up by training, seminar, demonstration, and workshop. Impact of the dissemination and service information, particularly in IP information is the increasing of IP application with improvement quality, because in dissemination “take and give concept” should in the equilibrium state. Increasing IP application is indicator in the successful of distributed IP information.
III.4. On-Line Filing Preparation
On-line registration is the term that possible to be implemented by IP office with the Regional or Branch office to provide easily for customer or applicant. Many requirements should be preparing before start-up on-line system. Legal issues have been appeared concerning about payment, filing date with time-zone deference, and so on. But, by using experiences of filing application through PCT system almost all of the issues will be solved. In this report only does not include about legal issues, so the other issues/requirement based on the development of technology information will explained. For established the on-line system, there are necessary for telecommunication network with huge security, facility and equipment, and human resources from regional office.
II.4.1. Telecommunication Network Telecommunication industry is very quickly development field particularly from developed country such as Japan. Many options line has provide service for data communication between client and server with variety charge in each service and specific band. Before that, ensure the telecommunication network are very important thing in the maintenance stability and security network, particularly during transmitted the data until
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finishing process. The performance of the network is the problem in the frame to supporting the on-line system. Almost of the National Telecommunication Company have started to re-develop the telecommunication network such as, for Malaysia with KORIDOR project, for Singapore with Singapore-one. All of these force are to provide the excellent telecommunication line that would like to integrated all of island in the country, so the telecommunication service very closely with the customer. There are some country that still used the old technology equipment, so upgrading of the peripheral that connected line is the first step for preparation. ISDN (Integrated Service Digital Network) is the one line that have been using for some IP office in the on-line registration system. Base on the cost view of point, this line is expensive charge, but the security is enough. Today Japan Patent Office using this line for implemented the on-line registration system. Lease line is another line that have been using for banking or another private company or organization for communication between central office and branch office. This line have been using long time ago before ISDN. The cost for this line is more expensive compared with the ISDN line. With the Internet development, there are introduced the Virtual Private Network, wherein the operational is similar with the Internet, but only using the private network. This line is cheaper compared with the other line. So many organizations were try to establishing this line for using in communication with the branch office. This network can implemented all application that using on the Internet network. The important is that in the branch office should established Internet Service Provider.
III.4.2. Facility and Equipment Software and hardware is general requirement for supporting on-line registration system. The facility and equipments are depended on the line that using for communication as set forth above. For the minimum cost of communication line, the software requirement may be low or huge cost. In detail facility and equipments will described as follows:
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a. Software is one of mean that using for coordinative with the hardware to connected central computer in the central office and transmitted filing application. This software usually is developed or provide by the central office with procedure and regulation that was determined. So, the regional offices just implemented. Please see the software requirement in the above. b. Hardware is for supporting operational of regional office. The main requirement of the hardware is can using Internet connection via telephone line. Usually by using the personal computer that included printer, modem, and another peripheral. Particularly for scanning image, the hardware requirement should be considered the scanner device.
III.4.3. Regional Human Resources It is very important that for implementing the on-line filing of IP application, wherein the human resources in the branch office is poor knowledge of IP system. Therefore the training material or procedure standard must provide to the branch offices. Training course to the staff that responsible to operate the system on-line is urged problem. This is included in the socialization program of IP field in the regional area. The other side is minimum knowledge in the computer system, wherein many regional offices still in manual process, so training course to the staff about computer introduction is necessary. Before training course, preparation the material for training course should made by central office, particularly in the using of software application, operating system of computer, and internet introduction.
III.5. File Management
Many company or organization was started to use mobile office as the basic for operational it office in the electronic or cyber squared area. This is the new area that would like to quickly develop in the future. Some branch offices of IBM’s company have already established the mobile office system. Hitachi also was started the e-government project with excellent promotion in Japan Country. Generally, every company or
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organization would like to make realized the virtual world in the all field that now day still in the conventional procedure. File management that should handle by mobile office will exist on the electronic form by scanning or the other peripheral for entry file. Generally, in the office correspondence letter everyday will come out or come in, so for making quickly respond of the letter also become problem. These letters is not only administrative letter (such as from another IP office, another institution and so on), but also included substantial letter that concerning the IP application. By the file management concept all of this letter should changed to the electronic form, so if some employer did not come to the office, they can log-in from anywhere in the world through Internet and access their e-mail box, therefore expected as soon as possible they can make respond or follow up. 1. Administrative Correspondence This correspondence is included of all the letter in/out related to the operational office letter for bureucrazy and should follow up in the limited time. Usually, the letters is addressed to the Director General, then some letter can reply by Director General itself and the other must disposition to Secretary Director General or each Director of IP field (such as Paten, Trademarks) and some time until the low level management. The flow of letters can be automated by existing software that had been available to public or common software for file management. This is important for in time processing of the office letters with no delay. So the service to the public will improve and enhanced, then resulted accountability offices and supporting to e-government.
2. Substantive letters Substantive letters is the specific letter that concerning only substantive examination of IP application. The substantive examination is the one of the process for treatment of IP application to check whether or not the IP application should be registered. Some of the IP
application does not requirement this process, so the
correspondence just in the administration letters. But the IP application that required substantive examination process, the substantive letters should handle also in time (no delay).
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In the automated of administration IP application, this matters usually also include in the software application that developed for treatment/handle all of the aspect IP filing until complete treatment. This need more effort implemented automated substantive letters. The consideration for generated the substantive letters is involve with the bibliographical data, some provision in the IP law, and analysis of IP application with the prior art document (include patent literature and non patent literature). The problems that will be face are how to combined all of the consideration in the single system for correspondence. The substantive letters will submitted to the applicant or representative in the electronic form, so supporting the real-time information, and provide facility to reply by electronic also. What will be happen is the legal aspect of electronic letters that does not regulation if any mistake or misunderstandings with the electronic form, so first the regulation also should provide for this matters.
III.6. World Bank Project
Development of automation system usually need high budget or cost, both for purchasing hardware, software, develop application software, training and so on. Global crisis around the world including Indonesian have becoming difficult for expenditure in the high technology budgeting. For supporting this condition, many approach for cooperation with another financial resources have been tried to feasibility study, such as some financial from Japan country. After long period for negotiate, the World Bank would like to supported automation development of Intellectual Property administration by soft loan program. World bank project is the project that the financial came from World Bank. The projects are not only for automation of Intellectual Property administration, but also include the other institution such as National Planning Agency (BAPENAS). These projects are long-term project, wherein some of them have already finished. Particularly for Intellectual Property office in Indonesia, the final project is to development automation by provided hardware, software, develop application software for
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administration of Intellectual Property filing and registration, and computer training for supporting the operation of automation.
III.6.1. Scope Intellectual Property offices have many processes according to the IP law as described in the above. Actually overall processes should be automated, but there are limited time and budget. So the fully automated should implemented step-by-step with the improvement program. The scope of the World Bank projects as follows: a. Hardware In the hardware field, there are about seven server was provide by this project. It is include the main server for database, application, proxy, web application, and so on. Beside that, the project also provided many other peripheral device for supporting the automation system include electrical power system with the new installation. The maintenance also involved for the period 3 (three) years warranty. So, perhaps if any problem will happen in the hardware side, the projects have been already covered for maintenance. b. Software The main scope of hardware is develop administration of Intellectual Property, however, for supporting this development will need many software tools. This software tools are related to the Relational Database Management System, Computer Aided Software Engineering (CASE), and Utilities tools (software for maintenance network, security, operating system and so on). c. Training Training implementation for purpose transfer knowledge into internal employee concerning about automation are included on the projects. This training started with introduction of personal computer for all employers in IP office, until they can using the computer with friendly. The other training material with intermediate level is for some employer wherein include some application software such as windows, Microsoft office, Internet and so on. Other material with advanced level is for employer in the IT division that expected can be transfers the knowledge for future development.
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III.6.2 Time Frame The projects are strict time period that is only around one years and two month all of the scope should completely finished and expected with satisfied result. Therefore, the responsible of IP offices are provide and preparation all of necessary information that needed by developer that would like to develop automation. The main thing in the strict time period is Project Manager that have ability to manage all of the process in the right way or schedule. Supporting by all staff or employers both for following training course or some time provide any information concerning the process or procedure that conducted for handling day-to-day of filing Intellectual Property are very important to get excellent result. So by involving user in the automation project include in the development process, or training will be good advantage during the implementation of the process. Policy of the top management is necessary to supporting the operation and implementation of automation, because with the project, work culture will be changed from conventional to the new culture, so mental of employer should prepare in the ready state.
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25 CHAPTER IV
JAPAN PATENT OFFICE AUTOMATION
Started with paperless system project in 1984, Japan Patent Office becoming advanced office with the first in the world for electronic filing system in the Intellectual Property application. On the paperless system the applicant was provided software that can be running on the Personal Computer to connect JPO office via ISDN. The software was developed by outsourcing program, with containing forms for writing application such as bibliographical data and the other related document. Until 1990, this software is only for on-line filing patent and utility model, so another IP field does not conducting with the electronic filing. Every year the IP application becoming increase quickly, the problems that should be face are formality examination, which conducted by manual. In 1993, started with the peripheral examination assistance system, the online system for requesting certification and on-line inspection system was established and improved with automatic formality check and generated drafting notification letter concerning about formality examination. This is enhancement of the Japan Patent Offices performance such as service to the customer. Continued in 1996 with established cash payment system. Automation is continued process, so improvement every year should be conducted if the office would like to be up-to-date in the office automation. The problem that must considered is available budget for implementation of automation project, beside requirement in the future. Started in 1996 the JPO promote improvement every year, therefore in the year 2000 many automation process was established, such as Industrial Property Digital Library that provide searching engine for Patent Abstract of Japan and some with full text document. Today every people can find the portal gate of the Japan Patent Office with the powerful searching engine and link to the other Patent Office. For internal office, the JPO also established the electronic office for processing of Intellectual Property Administration. All of the application that filed in the JPO should in the electronic form, therefore if paper application filed to JPO, the applicant should pay additional fee for change from paper form to electronic form in the private company.
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For supporting the examination process of IP application, the JPO become subscribers of many databases resources. Therefore examiner can conducted powerful searching for prior art in many databases. Beside that for internal database, there are many documents (include patent literature and non-patent literature), that have already translate into Japanese Language and store in the internal database, so very quickly for accessed (retrieval, printing and so on) compared with the access via internet. The other one is electronic correspondence between JPO and applicant was established. Therefore examiner or the other staff of JPO would like to communicated with applicant can write in the form that also available and send in the electronic form, so applicant can reply in the electronic form also. It is very comfortable both for examiner and applicant or patent attorney. Almost all of the activities in the JPO have been automated, particularly in the treatment or processing of Intellectual Property Administration. However the successful of the automation project is supporting by top management until low-level management and all staff of JPO that make work culture and environment suitable for any person. In the future JPO have program for reduce the operational cost of automation by promoted filing application or the other processes that related to the IP administration trough the Internet connection, like that have already established in the United State Patent and Trademark Office and Korean Intellectual Property Office. Now this program have been in the feasibility study and they should considered of security issue in the Internet connection.
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27 CHAPTER V CONCLUSION
The automation processes are the continued and never stop process. Automation is related to the Information System Management, wherein there are many step for conducted the powerful of automation. Information are comprise of the data that have been collected and configured based on the processing and procedures, which involved. In the Intellectual Property field the process and procedures were disclosure in the Intellectual Property Law and related regulation, wherein in the each country that have already adopted Intellectual Property field, they should have Law and regulation which comply to the International Regulation related to the IP field. Generally, process and procedure for administration of IP fields are the same, and usually with some different in the specific problems that should faced by each country to comply the national law and regulation.
Common procedure and process for
administration of IP are: 1. Filing application; 2. Formality examination; 3. Classification; 4. Publication; 5. Objection/opposition; 6. Request for substantive examination; 7. Substantive examination; 8. Final decision; 9. Post registered (such as appeal, license, assignment and so on) In the developed country, usually automation of IP field is the common problems that should be solved as soon as possible to provide facility of the IP field that actually never the end. Therefore, the developing country was followed automation of IP field step by step to obtain the advantage of IP sector for motivation innovator in the own country created the new innovation that will benefit for their country and commonly for the world, so the peace can be the real condition for safe any people around the world. Automation will change the work culture and transparency the system. So many preparations should be take account in the development of automation system. The
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impact of automation is human resources, so this problems was take the first attention to be solved by training program, or educational that related to the specific problems, such as how to do the jobs with orderly, how to do the job on time. Moral educational is also important for all of the employers to give motivation everybody should be done if they would like to life in the long time period.
