Introduction
In order to catch up with the technology developments and international standards of protection required under the TRIPs Agreement, the new Indonesia Patent Law No. 14/2001 was promulgated on August 1, 2001. To facilitate international patent fillings, Indonesia has also acceded to the Patent Law Treaty (PCT).
Definition
Patent:
Patent shall mean an exclusive right granted by the State to an Inventor for his Invention in the filed of technology, for a certain time, to exploit his Invention or to authorize another person to exploit it.
Invention:
Invention shall mean an Inventor’s Idea that is poured in any activity of solving a specific problem in the field of technology, either in the form of product or process, or an improvement and development of a product or a process.
Inventor:
Inventor shall mean a person or several persons acting together implementing an idea poured in an activity resulting in an Invention.
Patent Holder:
Patent Holder shall mean an Inventor as the owner of Patent or a recipient of such right from the owner of Patent or a subsequent recipient of Patent from the person mentioned above who is registered in the General Register of Patents.
Priority Right:
Priority Right shall mean the right of an Applicant to file an Application originating from a member country of the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization in order to get recognition that the Filing Date of the country of origin be the priority date in the country of designation that is also a member country of the two agreements, provided that the filing of the Application is made during the period prescribed in the Paris Convention for the Protection of Industrial Property.
Patentable Inventions
A Patent shall be granted to an Invention, which is novel, involves an inventive step and is susceptible of industrial application.
Deadlines
1. To enter PCT National Phase Application:
a. Chapter I: 30 months as from the 1st priority date,
b. Chapter II: 31 months as from the 1st priority date.
2. To enter a patent application claiming priority based on Paris Convention Treaty: 12 months as from the 1st priority date.
3. To file a request for substantive examination:
a. National Patent Application: 3 years as from the national filing date,
b. PCT National Phase: 3 years as from the international filing date.
4. To pay the 1st annuity fees:
One year as from the granted date. But if until this deadline the patent certificate is not issued yet, the deadline is extended until three months as from the date of the certificate issuance.
Duration of patent
20 years for inventions filed as patent applications from the filing date
10 years for inventions filed as simple patent applications from the filing date
Services
Our services in patent matters (patent and utility model) include as follows :
Preparing and filing patent applications and obtaining Indonesian patents.
Computer patents annuities services.
Patentability searches.
Enforcing patents against infringement.
Defending clients against infringement charges by others, as well as representing clients in disputes
resolution through either legal proceedings or negotiations.
Pay the annual fees
Requirements
The requirements for filling a patent application :
Power of Attorney, no notarization or legalization needed.
Declaration of Entitlement, no notarization or legalization needed.
Specifications which consists of :
-Description, the contents of which must be structured in strict accordance with the following statutory format :
Technical field.
Background art.
Technical improvements & advantages.
Brief explanation of the drawing(s).
Mode of carrying out the invention & working examples.
Industrial applicability.
-Claim(s).
-Abstract.
Formal drawing(s).
Certified copy of priority document.
Deed of Assignment from the Inventor(s) to the applicant or evidence that Inventor(s) is/are
member/employee at the applying firm with Indonesian translation attached, no notarization or
legalization needed.
For a PCT application (Chapter I):
Power of Attorney, simply signed.
Assignment of invention, simply signed (if the applicant is not the inventor).
Patent specification, claims and abstract in English (to be translated into the Indonesian language).
Drawing, if any.
WIPO Publication
International Search Report
PCT Request (PCT/RO/101)
PCT Notice Informing The Applicant of The Communication of The International Application to The
Designated Offices (PCT/IB/308)
For a PCT application (Chapter II):
Power of Attorney, simply signed.
Assignment of invention, simply signed (if the applicant is not the inventor).
Patent specification, claims and abstract in English (to be translated into the Indonesian language).
Drawing, if any.
WIPO Publication
International Search Report
International Preliminary Examination Report (form PCT/IPEA/409)
PCT Information Concerning Elected Offices Notified of Their Election (form PCT/IB/332).
PCT Demand (form PCT/IPEA/401).
Nos. 1, 3 to 5 should be submitted at the time of filing (fax copies of which are acceptable) while the original may follow by mail. Nos. 2, 6 to 9 can be submitted two months after the filing.
For a PCT application, the Indonesian translation of the description may follow at the latest one month after the filing.
Procedures
Procedure of Patent Registration
The time limit for a PCT application entering the National Phase in Indonesia:
30 months from the priority date [under PCT Article 22] CHAPTER I
31 months from the priority date [under PCT Article 39 (1)] CHAPTER II
The Procedure of a Patent Application in Indonesia based on Patent Law No. 14 of 2001
Patent Application
Formal Examination
Publication
Substantive Examination
Publication of Patent Certificate
A. PATENT
After a patent application being filed, the Patent Office will conduct a formal examination to check the administrative and physical requirements of said application. When the application meets the requirements, it will then be published in the Official Gazette for a period of 6 (six) months during which period such application shall be opened to opposition. The publication shall be made no later than 18 (eighteen) months after the filing date of application. A request for substantive examination must be filed within 36 (thirty-six) months from the filing date of a patent application.
If the application meets the substantive requirement as stipulated in the Indonesian Patent Law No. 14 of 2001 and no objection is made to the application, the Director of Patent will issue the patent. A Patent shall be granted for a period of twenty years, as from the filing date of a patent application and cannot be renewed.
B. SIMPLE PATENT
After a patent application being filed, the Patent Office will conduct a formal examination to check the administrative and physical requirements of said application. When the application meets the requirements, it will then be published in the Official Gazette for a period of 3 (three) months during which period such application shall be opened to opposition. The publication shall be made no later than 3 (three) months after the filing date of application. A request for substantive examination may be filed directly at the time of filing or at the latest 6 (six) months from the filing date of application.
If the application meets the substantive requirement as stipulated in the Indonesian patent law no. 14 of 2001 and no objection is made to the application, the director of patent will issue the patent. A simple patent shall be granted for a period of ten years, as from the filing date of a patent application and cannot be renewed.