PENERAPAN PASAL 3 UNDANG-UNDANG NOMOR 13 TAHUN 2016 TENTANG PATEN TERHADAP PERLINDUNGAN PRODUK USAHA UMKM BAWANG GORENG

Micro, Small, and Medium Enterprises (MSMEs) engaged in fried shallot production represent a food processing business sector with economic value and significant potential for further development. Along with increasing business competition, intellectual property protection has become essential to safeguard innovations developed by MSME entrepreneurs. This study aims to analyze the application of Article 3 of Law Number 13 of 2016 concerning Patents to fried shallot MSMEs and to identify alternative forms of intellectual property protection available to business owners. This study employs normative legal research using the statutory approach and the conceptual approach. Legal materials are collected through library research and analyzed qualitatively. The findings indicate that fried shallot production processes that are generally known may face difficulties in meeting patent requirements, particularly novelty and inventive step. However, technological innovations in production processes that satisfy the applicable legal requirements may qualify for patent protection. If such innovations do not meet patent requirements, MSME entrepreneurs may consider other forms of intellectual property protection, such as trademarks, trade secrets, and industrial designs, depending on the characteristics of the subject matter to be protected. Therefore, an understanding of intellectual property protection is necessary to support the development and competitiveness of fried shallot MSMEs.