Patent Application in Indonesia

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Release time:2016-05-12

Abstract: In Indonesia, patent protection can be obtained in two ways: one is the way that the PCT (Patent Cooperation Treaty) patent application enters the national phase, and the other is the way that the national application is submitted directly.

Brief Introduction of 1. Indonesian Patent

In Indonesia, patent protection can be obtained in two ways: one is the way that the PCT (Patent Cooperation Treaty) patent application enters the national phase, and the other is the way that the national application is submitted directly.

(I) law

Republic of Indonesia Law No. 14 of 2001 on Patents.

(II) access to patent standards

An invention may be patented if it meets the following criteria:

1. Novelty;

(2) having originality;

3. With industrial use.

(III) utility model

There are two types of patents in Indonesia, namely patents and simple patents (utility models). A simple patent is granted for a period of 10 years, counting from the date of issue of the simple patent certificate.

(IV) Membership

(a) the Paris Convention;

2. Applicable to the Patent Cooperation Treaty.

Indonesia became a member of the Paris Convention in 1950, whereby applications from all Convention countries are given the same priority date in Indonesia. An application for priority must be made within 12 months of the first application in a Convention country.

Indonesia also became a member of the Patent Cooperation Treaty (PCT) in 1997. If an international application has been filed, the applicant may file the application or implement it within 30 months from the date on which the international application enters the Indonesian national phase or from the earliest priority date (if priority is claimed).

(V) priority rule

The "first application" is the rule for determining the priority of patents in Indonesia.

(VI) Duration

Registered patents are valid for 20 years, while simple patents are valid for 10 years.

2. Indonesian Patent Application Procedure

(I) Application

Each applicant is required to file an application within the 12-month priority date.

(II) publicity

Publication of patent applications within 18 months of the filing date.

(III) Objection

The publication period of the patent application is 6 months, during which the relevant parties may raise objections. At the review stage, statements and counter-statements about objections are taken into account.

(IV) substantive review

A review request must be submitted within 36 months of the application date, otherwise the application will be automatically returned. In addition, simple patents are only examined for novelty.

(V) Registration

within 36 months of the date of application. The Patent Office is obliged to grant or reject a patent application. Upon completion of the normal formalities, the Patent Office will issue the patent certificate and list the relevant invention on the patent registration.

Documents required to 3. Indonesian patent applications

To file a patent application in Indonesia, the following information or documents are required:

Direct application from (I) countries

1. Application for grant of patent

(1) the name and address of the applicant;

(2) the name and address of the inventor;

(3) a detailed description, including the description, claims and necessary diagrams;

(4) If the priority of the application has been obtained, the country in which it was obtained and the specific circumstances of the application must be indicated.

2. Entrusted by the patent agent.

3. Require the inventor to submit a formal power of attorney to the applicant.

(II) PCT National Phase Application

A copy of the PCT application in English (I. e. PCT/RO/101 Application Form);

2. details of the PCT application (matching the World Intellectual Property Directory);

(c) the initial submission of the PCT documentation;

4. International preliminary report on patentability;

5. A copy of the amendment document submitted during the international phase (in English);

6. Power of Attorney;

7. Require the inventor to submit a formal power of attorney to the applicant.

4. Documents to be Submitted by Indonesian Patent Agents

(I) basic requirements

File

Submission Time

Remarks

Patent Specification, Claims and English Abstract

Application Date

be translatedIndonesiaLanguage

Chart

Within 1 month from the date of application

If there is

 

Additional documents for direct applications from (II) countries

File

Submission Time

Remarks

Priority Document