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Patent Application in Indonesia

Updated:2018-4-24 16:05:43    Source:www.tannet-group.comViews:178

Patent application in Indonesia requires an in-depth understanding of Indonesian Patent Law. In Indonesia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application. “First-to-File” is the rule followed by Indonesia in determining priority of patents.

With reliable and professional local IP practitioners, Tannet is able to help you or your client successfully register a patent in Indonesia. According to the official data release, Indonesia is one of the TOP 10 countries participating in the “Belt and Road” Initiative which embraces the most patent application.

I. Types of patent in Indonesia
There are 2 kinds of patents in Indonesia, namely, Patent and Simple Patent (Utility Model). A registered Patent is valid for a term of 20 years whereas Simple Patent shall be granted for a period of (10) ten years commencing on the date of issuance of the Letter of Simple Patent.

However, an invention is not patentable if it contains the following:
1) discoveries, scientific theories and mathematical methods,
2) plant or animal varieties or essentially biological processes for the production of plant or animals,
3) schemes, rules or methods for doing business, performing mental acts, and
4) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.

II. Minimum Filing Requirements
The minimum requirements for filing a patent application in Indonesia, based on Indonesian Patent Law No. 14 (2001), are as follows:
(1) Full name, address and nationality of applicant and inventor(s);
(2) One copy of the specification in English and drawings (if any) for translation into Bahasa Indonesia;
(3) A copy of application from which a priority is claimed;
(4) A signed Power of Attorney (No notarization or legalization is required);
(5) A signed Statement of Entitlement; and
(6) A signed Deed of Assignment.

III. Application Procedures
1. Filing of Patent Application
Every applicant is required to submit an application within 12 months of priority date.

2. Publication
A patent application will be published within 18 months of the filing date.

3. Opposition (if any)
The publication is for a duration of 6 months during which oppositions are invited from interested parties. The statements of opposition and counter statement will be considered in the examination stage.

4. Substantive Examination
A request for examination has to be filed within 36 months after the filing date of the application else could result in automatic withdrawal of the application. Also a simple patent is examined only for novelty.

5. Registration
The patent office is obligated to grant or reject a patent within 36 months after the receipt of an examination date. On successful completion of formalities a patent certificate will be issued by the office and the invention will be listed in the general register of patent.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512, or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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