CHAPTER 10 BRAND DAN PATENT 10.

1 Brand Brand is one of the attractions of the product in facing the market competition. A product with an attractive and selling trade names, has a great opportunity to get the attention of consumers and compete in the market. Our heat reflective paint product is a product that requires a brand, in order to have identification that can be known easily by public and can be distinguished from other heat reflective paint products. Moreover, with the presence of products brand, it will be easier for us to promote this heat reflective paint product, so that consumers can know the origin of heat reflective paint that we produce, as well as to ensure the quality of our product. However, our heat reflective paint products brand, NurCoolant, have to registered on the relevant parties in order to be officially listed and can be claimed as proprietary rights of us as producers. Moreover, by registering NurCoolant brand as our paint product, it will be the basis to prevent others from using the same brand as a whole or substantially of similar goods in circulation. Brands creation and registration also has has certain rules. In Indonesia, the rules that regulate the brand listed in Legislation No. 15 year 2001. According to Article number 1 Paragraph 1, brand is a sign in the form of images, names, words, letters, figures, composition of colors, or a combination of these elements that have distinguishing features and used in the trading of goods or services. Whereas Article 1 Paragraph 2 states that a trademark is a brand that is used on traded items by a person or persons jointly or a legal entity to differentiate with other similar items. Regarding the rights of brand are set out in Article 3 which states that the rights of brand is the exclusive right granted by the State to the owner of the brands that are listed in the General Register of Trademarks for a certain period of time by use it themselves the brand or giving permission to others to use. Regarding the request for trademark registration is listed in Article 7, is explained that the request for trademark registration made by the applicant, submitted to the General Directorate of IPR (Intellectual Property Rights), and signed by the applicant or their

proxies. The following is the procedure for trademark registration as defined by Legislation No. 15 year 2001: 1. Request for trademark registration that is submitted by filling out a form provided for that in Indonesian language and typed copies of 4. 2. Applicant attach the following points: A statement on paper in sufficient stamp duty paper, signed by the applicant (not proxies), which states that the brand is being applied for his own. Special power of attorney, if the application for registration filed by the power. A certified copy of incorporation of legal entity certificate or a notarized copy, if the applicant is a legal entity. 24 sheets brands etiquette (4 sheets attached to the form) that is printed on paper. Copy of the applicant's identity cards. Proof of the original priorities and its translation in Indonesian, if the application is done with the right priorities. Proof of application fee payment of IDR 650.000,-. Fares of Registration of Marks that is set in Government Regulation no. 38 year 2009 on the type of fare on Non Tax Revenues type that applicable within the Ministry of Justice and Human Rights. After registration, a substantive examination is conducted against application that is made at least 30 days from the date of receipt. This examination is completed at the latest 9 months, and the results of this examination are the application is accepted or rejected. If after the substantive examination of trademark application is approved by the General Directorate of IPR to be registered, the application instantly is announced later than 10 days after approval. Then the announcement request regulated in Article 21, 22, and 23, summarized that the announcement of the petition was published in the Official News of Brand and the announcement listed the name, address of the applicant, the class and type item, date of receipt, the name of the state, and an example of the brand. Announcements lasted for 3 months in the Official News of Brand that

published periodically by the General Directorate of IPR and special facilities that can easily and clearly be seen by the public provided by the General Directorate of IPR.

10.1 Patent After registered brand of NurCoolant heat reflective paint products, we also must be registered the patent of the product that we will be produced. Patents that we proposed is in terms of product patents and our heat reflective paint products patent do not we have patented the whole, but are limited in terms of the composition of the building blocks of paint that referred from existing patents then developed to increase the performance of that heat reflective paint already on the market so far. Regulations that regulates about patents listed in Legislation No. 14 year 2001. Article 1 and paragraph 1 states that a patent is an exclusive right given by the State to the inventor on the results of invention in the field of technology, which for a given period to do the invention by him/herself or give his/her approval to others to carry it out. Article 2, paragraph 1 explains that the patent granted to an invention that is novel, involves an inventive step and capable of industrial application. Regarding the patent request in general listed in Article 20, 21, 22, 23, and 24, is explained that request as a basis for giving a patent and each request can only be filed for an invention or some invention which is the unity of invention. Then the patent request filed by filling out the form provided for that interest and available also in Indonesian language and typed. Patent request shall contain the time and place of request, the name and nationality of inventor / authority, special power of attorney if filed through our authority patent application statements, claims, description, drawings (to clarify the invention), and abstract invention. Whereas the announcement request are listed in section 42, 43, 44, 45, 46, and 47, summarized that implemented the announcement the GeneralDirectorate and placed in the official news of the patent. Announcements include the name and nationality of inventors, the name and address of the applicant / power, invention title, date of receipt, abstract, classification invention, drawings (if any), request number and the announcement. There is a provision that the patent holder must implement his patent in the territory of Indonesia, which means that the patent production in Indonesia, ranging from

investment, employment, until the issue of technology transfer. For domestic patent procedures are mentioned, that: 1. Patent applicant must meet all the requirements. 2. General Director of Intellectual Property Rights will announce them 18 (eighteen) months after the date of filing of a patent application. 3. Announcement last for 6 (six) months to determine whether there is an objection or not from the public. 4. If this announcement stage passes and a patent application is accepted, the patent applicant is eligible for patent rights for a period of 20 (twenty) years from the filing date occurs. The following registration procedures imposed by the Director General of Intellectual Property Rights: 1. Patent Application filed by filling out the form provided, in Indonesian that later are typed in 4 copies. 2. In the registration process of this patent, the applicant should submit the following:

Special Power of Attorney, if the patent application for registration filed by a registered patent consultant as the attorney.

Letter of transfer of rights, if the petition is filed by a party other than the inventor; Description, claims, abstract and drawings (if any) each of them in 3 duplicates. The original of evidence priority and translation in Indonesian at the front page in 4 duplicates (if filed with a priority right).

Translation the description in English, if the original discovery in a foreign language other than English, made in duplicate 2.

Proof of payment of patent applications fee: IDR 575.000, -. Proof of payment of simple patent application fee: IDR 125.000, - and for the substantive examination of simple patent fee: IDR 350.000, -.

Additional costs per claim, if more than 10 claims: IDR 40.000, -.

3. The writing of descriptions, claims, abstract and images as referred to above that were determined as follows:

Each sheet of paper is only one face that should only be used for writing and drawing.

The descriptions, claims, and abstract that are typed in HVS or that is similar and separated with A-4 size (29.7 x 21 cm) with a minimum weight of 80 grams with boundary: from the edge of the upper 2 cm, 2 cm from the bottom edge, on the edge 2.5 cm left and of the right edge of 2cm.

Paper A-4 should be white, not shiny and average use is done by placing that short side at the top and bottom (unless used for images).

Each sheet of the descriptions, claims and images consecutively numbered with Arabic numerals at the top center.

In each of the five lines of typing lines of description and claims, must be given rows number and each page is just the beginning (initial) and number placed on the left of the description or claims.

Typing should be done using ink (toner) black color, with a size between 1.5 line spacing, with letter-sized upright minimum letter height 0.21 cm.

Signs with lines, chemical formula, and certain signs can be written by hand or painted.

Images must be using black Chinese ink on white drawing paper size A-4 with a minimum weight of 100 grams that not shiny with limits as follows: 2.5 cm from the top edge, bottom edge of 1 cm, 2.5 cm from the left edge, and 1 cm from the right edge.

All documents must be filed in the Patent sheets of paper intact, should not be in case of torn, folded, damaged or embedded images.

Any term used in the description, claims, abstract and images must be consistent between each other.

4. Request for substantive examination filed by filling out a form provided for that in Indonesian by enclosing evidence of payment of application fee of IDR 2.000.000, (two million dollars). After patent rights registered on behalf of the inventor, the patent holder has the right and obligation, and the exclusive rights to be acquired is the patent holder the right to implement its own patents, giving more rights to others, and the right to prohibit others to implement his patent without the consent of the patent holder.

For packaging and raw material base, we refer to several patents and books on heat reflective paint that already exist. Meanwhile, the patent that we made on we products, is the composition of the raw materials that we change as well as additional materials to improve the performance of we products. Patent making-process of our products based on patentmaking procedures that have been listed above. There is also a patent that we refer to the basic raw material of paint and percent composition of paint that has been widely used in various types of paint buildings. Here's patent on the composition of raw materials and heat reflective paints that have been published: Paint Composition Patent by United States Patent Office with: Patent number Date of patent : : 2.818.344 Dec. 31, 1957

In this patent, claims there are 15 variations of the composition of paint that can be applied to various types of substrates. In addition, the patent described a variety of compounds (raw materials) and its constituent paint with their role and levels in a paint mixture. For example, zinc oxide that serves as a compound that can prevent the growth of mildew and mold can be combined with TiO2 coating to increase the durability of the paint. However, this patent has not given clear how levels of zinc oxide to be mixed into the paint. Thus, based on the composition of the paint on the basis of this patent and coupled with other sources, we make our own paint compositions which contain zinc oxide and TiO2 pigment in it. Thermal Reflective Paint Patent by United States Patent Application Publication with: Patent number Date of patent : : US 20120260819 A1 Oct. 18, 2012

This patent describes a heat reflective paint composition consists of active heat reflective agents, the percentage range of 5% - 100%, with the filler composition of 5%, and the amount of additives and resin (binder) amounted to 95%. This patent claims that the material composition of the paint will reduce the cost of manufacturing, low cost, small cooling energy use, and environmentally friendly.