Tinjauan Hukum tentang Hak Paten Sebagai Hak Kebendaan yang Dijadikan Jaminan Kredit

Abstract

This research examines the legal status of patents as property rights that can be used as collateral for credit within the framework of civil law and intellectual property law in Indonesia. The method employed is normative juridical research with a library research approach, relying on primary legal materials in the form of legislation (Law No. 13 of 2016 on Patents and Law No. 42 of 1999 on Fiduciary Security), secondary legal materials such as literature and expert opinions, and tertiary legal materials such as legal dictionaries and encyclopedias. The findings indicate that patents are part of Intellectual Property Rights (IPR), which are intangible in nature but possess significant economic value. Patents grant exclusive rights to their holders to exploit their inventions, whether through production, distribution, or licensing. In the context of property law, patents can be classified as intangible movable property characterized by absolute rights, the right to follow (droit de suite), and the principle of priority. These characteristics enable patents to be used as collateral, either through pledge, fiduciary security, or licensing mechanisms, while taking into account their limited duration. Thus, patents serve not only as a legal protection instrument for intellectual works but also as a strategic economic asset that can support business activities and industrial financing. Therefore, stronger regulations and clearer policies are needed to optimize the use of patents as credit collateral within Indonesia’s legal system.