Indonesia - from filing to grant
Our patent attorneys are registered to practice before the Australian and New Zealand Patent Offices and they instruct patent attorneys registered before the Indonesian Patent Office on all aspects of Indonesian patent prosecution.
Indonesian Patent Office
Key prosecution events
- Paris Convention filing: 12 months from earliest claimed priority
- PCT National phase entry: 31 months from earliest claimed priority
- Substantive examination request: 36 months from the International filing date or Convention filing date
- Divisional application: before the issuance of decision on grant of patent or decision of refusal of application
National Phase Entry
Indonesian national phase applications must be filed by 31 months from the earliest claimed priority date. Upon payment of a fee, an extension of time of 1 month can be obtained for entering the national phase. View the filing requirements for an Indonesian National phase application.
Indonesia is a Convention country, meaning that an Indonesian application can be validly filed within 12 months from filing a priority application according to the Paris Convention for Protection of Industrial Property. View the filing requirements for an Indonesian Convention application.
Utility patents and 2nd tier protection
Indonesia has a second-tier patent system which allows grant of ‘Simple Patents.’ A simple patent can be obtained for a product or device which is new and has practical value but is not necessarily inventive. Simple patents cannot be obtained for methods, processes or uses or ‘products by process’. The term of a Simple Patent is 10 years from filing date.
Examination, divisional applications and acceptance
The application will be generally be published soon after the 18 months from the priority date.
Any person who intends to file 3rd party observations on the application will then have 6 months in which to do so. The period is 3 months in respect of a Simple Patent.
An Indonesian application for a patent is not examined automatically. In order to have the application examined, a request for examination must first be filed. A request for examination must be filed within 36 months from the filing date (the international filing date for a national phase application). The Indonesian Patent Office will not issue a Direction to request examination.
The examiner will conduct a new search but is also likely to refer to any examination reports issued for corresponding applications in Europe, US, Australia and others.
The grounds for examination are: novelty (absolute), inventive step and industrial applicability. The application must relate to only one invention (or a group of inventions linked so as to form one general inventive concept).
The following are not considered patentable subject matter in Indonesia:
- any process or product of which the announcement and use or implementation contravenes the prevailing rules and regulations, religious morality, public order or ethics;
- any method of examination, treatment, medication, and/or surgery applied to humans and/or animals;
- any theory and method in the filed of science and mathematics;
- all living creatures, except micro-organism; and
- any biological process which is essential in producing plant or animal (except non-biological process or microbiological process.
If the examiner finds that there are lawful grounds for objection (eg. the invention is not novel), the examiner will reject the application. The applicant will have an opportunity to appeal the examiner’s decision within a set period of time. Usually the applicant will be given 3 months in which to respond to the examiner’s objections (which may be extended up to 1 month on request). If a response is not filed within time, the application will be deemed withdrawn.
Once the examiner is satisfied that there are no outstanding issues, a patent certificate will be issued.
Divisional applications may be filed in response to an office action (for example, in response to a lack of unity objection) and can be filed at any time up until completion of examination of the original application. A divisional application must not go beyond the scope of the invention in the original disclosure.
There is no opposition or re-examination procedure. After grant, any person may seek to revoke a patent, through the courts.
Indonesia is not a signatory to the Budapest Treaty. However, the Indonesian Patent Office generally applies the Treaty to applications relating to micro-organisms as if it was a signatory and so will nonetheless take the deposit into consideration when determining whether or not the description is sufficient.
There is no express statutory exclusion to patent eligibility of isolated nucleic acid molecules.
For details on the renewal requirements in Indonesia, view South East Asia – Renewal Requirements.