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Indonesian Patent Registration Overview

Updated:2018-7-30 17:18:39    Source:www.tannet-group.comViews:55

Indonesian patent registration is governed by the Directorate General of Intellectual Property Rights (DGIP) of Indonesia. 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. A Patent shall be granted for a period of 20 (twenty) years, while a simple Patent shall be granted for a period of 10 (ten) years.

What is Patentable?
The Republic of Indonesia grants patent applications on the basis of novelty, inventiveness, and industrial applicability, whereas simple Patent applications may be granted as long as they are novel and industrially applicable.

However, please note that there are some restrictions which may affect your Patent application in Indonesia. According to Article 7 of the Law No. 14 Year 2001 regarding Patents, a Patent shall not be granted to an invention regarding:

(1) Any process or product of which the announcement and use or implementation contravenes the prevailing rules and regulations, religious morality, public order and ethics;
(2) Any method of examination, treatment, medication, and/or surgery applied to humans and/or animals;
(3) Any theory and method in the field of science and mathematics; or
(4) All living creatures, except micro-organism;
(5) Any biological process which is essential in producing plant or animal, except non-biological process or microbiological process.

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.

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.

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

Contact Us
If you have further queries, don’t hesitate to contact Tannet 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 86-755-82143181 or emailing to info@citilinkia.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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