Patent shall mean an exclusive right granted by the State to an Inventor for his Invention in the field of technology, for a certain time, to exploit his Invention or to authorize another person to exploit it.
Utility Model shall mean any invention in the form of a product or device, which is novel and possesses practical use values because of its shape, configuration, construction, or component may be granted a legal protection.
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 a product or process, or an improvement and development of a product or a process.
Inventor shall mean a person or several persons acting together implementing an idea poured in an activity resulting in an Invention.
Patent and Petty Patent (Utility Model) regulated in the Law No. 6 of 1989 on Patent as revised by the Law No. 13 of 1997 and the Law No. 14 of 2001.
The patent application shall be submitted to the Patent Office, Directorate General of Intellectual Property Rights, Department of Law and Human Right of Republic of Indonesia.
Patentable Inventions
A Patent shall be granted to an Invention, which is novel, involves an inventive step and is susceptible of industrial application.
An Invention shall be considered to involve an inventive step if said Invention does not constitute something that is obvious to a person skilled in the art.
The evaluation of whether or not an Invention constitutes something that is obvious must be made taking into account the state of the art at the time the Application is filed or which has existed at the time the first Application was filed, in case the Application is filed on the basis of a Priority Right.
An Invention shall not be deemed to have been announced, if, within a period of at most 6 (six) months before the Filing Date:
- the Invention has been exhibited in an official or officially recognized international exhibition in Indonesia or abroad or in an official and officially recognized national exhibition in Indonesia;
- the Invention has been exploited in Indonesia by its Inventor in relation to experimentation for purposes of research and development.
- An Invention shall also not be deemed to have been announced, if, within a period of 12 (twelve) months before the Filing Date, it was announced by any other person by way of breaching an obligation to preserve the confidentiality of the relevant Invention.
Duration
A Patent shall be granted for a period of 20 (twenty) years, which cannot be extended, commencing from the Filing Date. The date of commencement and expiry of a Patent shall be recorded and announced.
A Simple Patent shall be granted for a period of 10 (ten) years, which cannot be extended, commencing from the Filing Date.
Time Limits for Entering National/Regional Phase under PCT Chapters I and II in Indonesia: 31 months from the priority date.
Requitements for Filing a Patent and Utility Model Applications
- Descriptions, claims, abstract of the invention and formal drawings (if the descriptions contains the drawings)
- Power of Attorney. No legalization is necessary;
- Assignment (if any). No legalization is necessary; and
- Certified copies of Priority Documents and its translation in English.
Requirements for Filing a Pct Patent Application for Entry Into the National Phase
- Power of Attorney. No legalization is necessary;
- Assignment (if any). No legalization is necessary; and
- Copy of International Publication.
Process of Review
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.
After an utility model 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.
The patent which have been issued, shall be recorded in the General Register of Patents, and published in the Official Gazette of Patents. Patent shall come into force on the date they have been granted and shall have a retroactive effect as of the date of receiving the application for a patent.
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