Patents of Invention
– Law No. 13 of 2016 on Patent, promulgated on August 26, 2016.
– Law No. 14 of 2001 on Patent, promulgated on August 1, 2001 with its Elucidation (Supplementary State Gazette No. 4130) is valid for patent applications filed prior to August 26, 2016.
– Minister's Regulation No. 38 of 2018 regarding Patent Application.
– Minister's Regulation No. 15 of 2018 regarding Use of Patent by Patent Holder.
– Minister's Regulation No. 30 of 2019 regarding Procedure for Provision of Compulsory Licensing.
– Minister's Regulation No. 3 of 2019 regarding Patent Appeal Commission.
– Government Regulation No. 36 of 2018 regarding Recording of IP Licensing Agreement.
– Government Regulation No. 27 of 2004 on Government Use of a Patent, effective since October 5, 2004.
– Government Regulation No. 34 of 1991 on the Procedure for Filing Patent Application.
Membership in International Conventions
– Patent Cooperation Treaty (PCT), and the Regulations under the PCT, effective since September 5, 1997, by virtue of Presidential Decree No. 16 of 1997.
– WTO's TRIPS Agreement, by virtue of Law No. 7 of 1994.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, by virtue of Presidential Decree No. 15 of 1997 concerning the Amendment of Presidential Decree No. 24 of 1979.
– Convention Establishing the World Intellectual Property Organization (WIPO), since December 18, 1979.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since June 4, 2022.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since October 13, 2022.
Applicant: the inventor or his assignee (individual or firm).
Foreigners: appointing a local patent attorney who is registered at DGIP is compulsory.
Novelty: at the date of filing of the application, the invention should not be the same as any previous technological disclosure.
Novelty grace period: six months before the filing date under specific conditions for disclosures made by the inventor and twelve months for disclosures made by a third party bound by a non-disclosure agreement.
Exception to protection: inventions which cannot be granted a patent include: (a) any process or product of which its publication, usage or implementation contravenes the prevailing legislation, morality, public order, or decency; (b) any method of examination, treatment, medication, and/or surgery applied to humans and/or animals; (c) any theory and method in the field of science and mathematics; (d) all living organisms, except microorganisms; or (e) any biological process which is essential to produce plants or animals, except non-biological processes or microbiological processes.
Priority: an application claiming priority right as regulated by the Paris Convention for the Protection of Industrial Property must be filed within twelve months commencing from the earliest date of priority. The requirements of an application with a priority right must be furnished with a copy of the priority document certified by the competent authority concerned within a period of sixteen months commencing on the earliest priority date.
Filing requirements for an application (to be sent to resident agent):
1. The patent application in Indonesian language comprising: date, month and year of application, nationality and full address of the applicant, full name and nationality of the inventor(s), priority country's name, priority number and priority date in case filing an application claiming priority rights, full name and address of the proxy;
2. Specification may be filed provisionally in the English language, completed by Indonesian translation within thirty days after the date of receipt of the application; as the patent law requires the filing of an English translation of the specification besides the Indonesian text, the specification should be sent to the Indonesian patent attorney preferably in the English language since the English version of specification will be sent to the Patent Office; Indonesian translation can be prepared locally; the specification must be on good condition of non-glossy white paper (80 grams), format A4: 29.7 x 21 cm; black typing; space between lines: 1.5 cm; vertical letters: 0.31 cm or font 12 in Courier New format; minimum margins of the sheet to paper: top and bottom: 2 cm, left: 2.5 cm, right: 2 cm. Each sheet of the description, claims and abstract must be sequentially numbered in Arabic numerals in the middle of the top margin. Each fifth line of typing of the description and claims must have a running line number for each page on the left margin;
3. Drawings, if any, 1 on white non-glossy A4 paper (100 grams). Margins: top: 2.5 cm, bottom: 1 cm, left: 2.5 cm, right: 1.5 cm. Only signs in the form of letters or figures may be included in the drawings. Written words or sentences are not permitted unless they are part of the drawings. The words or sentences must be translated into Indonesian, which can be prepared locally;
4. Power of attorney for the proxy (the local patent attorney), stamped and legalized locally;
5. A deed of assignment of invention to the applicant if the applicant is not the inventor, stamped and legalized locally;
6. A statement of ownership by the inventor, stamped and legalized locally;
7. Certified copy of priority document(s) in original and its scanned copy in case of a Paris Convention patent application.
Minimum requirements to obtain a filing date: there is a so-called patent filing with minimum requirements comprising: filled-in application form including title of invention, English specification, application payment proof.
Electronic filing: available.
Electronic signatures: are not accepted (only wet signatures). Scanned copies of wet signed documents are accepted for online filing, however, it is advisable to keep the original in case the relevant authority requests it at a later date.
Due dates and time limits:
(a) The latest possible entry into the national phase of a PCT application is 31 months from the priority date or the international filing date if there is no priority
(b) The latest possible entry into the national phase of a Paris Convention application is 12 months from the priority date.
(c) The publication for six months will be commenced directly (theoretically) 18 months from the Indonesian filing date (Standard application) or the international filing date (PCT application) or the priority date. It can be accelerated by six months directly after the Indonesian filing date by request with an extra fee.
(d) Formality documents (POA etc.) should be submitted completely within 3 months from the Indonesian filing date; by requesting prior to the end of the periods, it can be extended for two months, and for one further month with penalty
(e) A substantive examination has to be requested at the latest 36 months from the Indonesian filing/application date (Standard/Paris Convention application), or the international filing date or at the same time with the application for a divisional (or a type changed) application. The examination will only commence after the publication has elapsed.
(f) Failing to submit the formality documents or to request the substantive examination within the time periods, the application will be deemed as withdrawn.
(g) Approval or refusal of a patent application (theoretically) will be decided at the latest 30 months from the receipt date of the substantive examination request or from the end of the publication period if the substantive examination was requested before the end of the publication period.
PCT applications: time limit for entering the national phase under Chapter I and Chapter II: 31 months. Late entry into the national phase can be done 12 months from the 31st month, with the payment of an additional fee.
Publication: the Minister publishes the applications that have fulfilled the requirements. The publication is carried out not later than seven days after the period of eighteen months since the filing date or the priority date in the event that the application is filed with a priority right. In certain circumstances, in accordance with the prevailing legislation, the publication may be carried out at the earliest six months from the filing date upon request from the applicant with reason and subject to fees. The publication lasts for six months as from the date of the publication of application. If an invention concerns the interest of the defense and security of the State, the Minister may decide not to publish the invention upon consultation with relevant institutions administering government affairs in defense and security of the State.
Opposition: any person may file his/her opinion and/or opposition in writing to the Minister by stating the reasons against the application being published. The opinion and/or opposition must have been received by the Minister within the period of publication. In the event that there are opinion and/or opposition, the Minister communicates the opinion and/or opposition to the applicant not later than seven days as from the date the opinion and/or opposition is received. The applicant may file explanation, and/or responses in writing against such opinion and/or objection to the Minister not later than thirty days as from the date of the notification letter. The Minister uses the opinion and/or objection, explanation and/or response as additional information for consideration during the substantive examination stage.
Substantive examination: each application is examined administratively (formality) and substantively. A request for a substantive examination must be submitted in writing to the Minister and is subject to a fee. The request for substantive examination must be filed not later than thirty-six months as from the filing date. If the request for substantive examination has not been filed within the period of time or the prescribed fee has not been paid, the application is deemed to be withdrawn. If the request for substantive examination is filed before the end of the publication period, the substantive examination is conducted after the publication period has elapsed. If the request for substantive examination is filed after the publication period has elapsed, the substantive examination is conducted after the date of receipt of the request for substantive examination. The request for substantive examination of a divisional application or amendment of application from patent to simple patent or vice versa is filed at the same time with the request for divisional application or amendment of application from patent to simple patent or vice versa. If the request for substantive examination is not filed at the same time with the divisional application or amendment of application from patent to simple patent or vice versa, the divisional application or amendment of application from patent to simple patent or vice versa is deemed to be withdrawn. The substantive examination for an application that is not published is conducted not later than six months as from the date the Minister decides that the application is not announced and is not subject to a fee. In the event that the substantive examination is conducted to an application with a priority right, the Minister may request required documents from the applicant and/or original Patent Office of the priority right or in other countries as follows: certified copies of letters relevant to the results of substantive examination conducted the first time to the patent application in other countries; certified copies of patent documents which have been granted in respect of the original patent application in other countries; certified copies of decision for refusal of the original patent application in other countries in the event that an application of patent is refused; certified copies of decision for a relevant patent invalidation which has been issued in other countries in the event that a patent has been invalidated; and/or other prescribed documents.
Amendment of application: an application may be amended or divided upon initiative from the applicant and/or suggestion from the Minister. The amendment or division may be conducted before the application is granted a patent. The amendment to the description concerning the invention and/or claim or several claims of invention may be carried out provided that the amendment does not extend the scope of invention which has been applied for in the original application. In the event that amendment is carried out by adding more claims to the application as filed into more than ten claims, the excess claims are subject to fees. If the applicant does not pay the fees, the excess claims are deemed to be withdrawn. In addition to the amendment of application data, the application may also be changed from patent into simple patent (utility model) or vice versa. The request for change, satisfying the requirements, is deemed to have been filed on the same date as the original filing date.
Divisional application: if an application contains a group of inventions which are not linked to each other, the applicant may file for a divisional application. The divisional application may be filed separately in one application or more provided that the scope of protection requested in each application does not extend beyond the scope of protection that has been requested in the application as filed. The divisional application is deemed to have been filed on the same date as the filing date of original application. In the event that the applicant does not request for the divisional application within a definite time limit, substantive examination of the application is only conducted to the invention which constitute a unity of invention.
Withdrawal of application: an application may only be withdrawn by the applicant before the Minister decides to grant or refuse the application. The withdrawal request of the application must be filed in writing to the Minister.
Appeal: an appeal petition may be filed with respect to: application refusal; correction of description, claim(s) and/or drawing(s) after the application is granted a patent; and/or decision to grant a patent.
Granting: the Minister decides to grant or refuse an application not later than thirty months as from the date of receipt of the request for substantive examination if the request for substantive examination is submitted after the expiry of the publication period; or the expiry of publication period if a request for substantive examination is filed before the expiry of publication period.
Duration: a patent protection is valid for twenty years counted retroactively from the filing date, not extendible.
Annual fee payment: with respect to the notice of grant, the patent holder has an obligation to pay the annuity. The due date for the "first annuity payment" is six months counting from the granting date. The first annuity payment consists of the annuities from the filing year up to the granting year and additionally the following one year. The "next annuity payment" of the following annuities will be due at the latest one month prior to the same date as the domestic receiving date or PCT filing date of the following protection year. Failing to pay the annuity for a defined period at the latest on the due date, the patent is declared to be deleted. The deleted patent cannot be reinstated anymore.
Obligation of patent holder: a patent holder is required to make the products or to use the process in Indonesia, in order to encourage technology transfer, investment absorption and/or job vacancy provision.
Licensing: a patent holder is entitled to give a license to another party pursuant to either an exclusive or non-exclusive licensing agreement. A licensing agreement is prohibited from containing provisions that may damage the Indonesian national interest or to contain restrictions which obstruct the abilities of Indonesian people to transfer, master and develop technology.
Compulsory licensing: a compulsory license is non-exclusive. A compulsory license is a license to implement a patent that is granted based on a decision of the Minister upon request on the following grounds: (a) the patent is not implemented in Indonesia within a period of thirty-six months after the granting of a patent, this period can be extended; (b) the patent has been implemented by the patent holder or the licensee in any forms and by any manners that harm the public interest; (c) or a patent as the result of development from a patent that has been granted earlier cannot be exploited without infringing other protected patent.
Government use of patent: the Government may use a patent in Indonesia on the following grounds: related to national defense and security; or extreme urgency for the interest of the public, and is undertaken restrictively to satisfy national needs, and non-commercially, includes, for example: military related products, pharmaceutical and/or biotechnologies products that are expensive and/or necessary for treating epidemic diseases, diseases which cause significant permanent disability, and diseases which constituted as Public Health Emergency of International Concern (PHEIC).
Parallel import: the importation of patented products or products obtained by a patented process without the consent of the patent holder is considered infringement of patent rights. Importation of pharmaceutical products patented in Indonesia, marketed by the patent holder with the condition that the importation of the product is referred to the law, is not deemed as an infringement of patent.
Commercial Court: every patent dispute for claiming damages should be addressed before the Commercial Court.
Alternative dispute resolution: besides being settled through the Commercial Court, a patent dispute may also be settled by Arbitration or Alternative Dispute Resolution.
Injunction: upon request from a party who might have suffered due to the implementation of a patent, the Commercial Court may immediately issue a provisional decision that is effective (a) to prevent the continuation of infringement of the patent and the rights pertaining to the patent, particularly to prevent the entry of products allegedly infringing the patent and the right pertaining to the patent, into the trade channel; (b) to retain the evidence relating to the infringement of patent and the rights pertaining to the patent in order to prevent the elimination of evidence; (c) to request the affected party to provide evidence that they are truly entitled to the patent and the rights pertaining to the patent and that such rights are being infringed.
Infringement: the patent owner whose right has been infringed may request a temporary injunction, damages and the remittance to him of the manufactured products or of their equivalent in money. In such a case, the innocent infringer is entitled to compensation. All patent infringement is deemed to be offensive warrants complaint (delik aduan).