Our patent attorneys are registered to practise before the Australian, New Zealand and Singapore Patent Offices and they instruct patent attorneys registered before the Indonesian Patent Office on all aspects of Indonesian patent prosecution.
The government agency responsible for grant of patent rights in Indonesia is the Direcktorat Jenderal Hak Kekayaan Intelecktual and can be accessed here: http://www.dgip.go.id/
| Key prosecution event
|
Deadline
|
| 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
|
Indonesian national phase applications must be filed by 31 months from the earliest claimed priority date. Upon payment of a fee, an extension time of 12 months 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.
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.
The application will be generally be published soon after the 18 months from the priority date.
Any person who intends to file third 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.
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 may conduct a new search but is also likely to rely on any examination reports issued for corresponding applications in Europe, US, Australia and others.
The grounds for examination are: novelty (absolute), inventive step, patentable subject matter and industrial applicability.
The following subject matter is not considered patentable:
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 4 months in which to respond to the examiner’s objections (which may be extended). If a response is not filed within time, the application will be deemed withdrawn.
Divisional applications may be filed at any time up until completion of examination of the original application.
Once the examiner is satisfied that there are no outstanding issues, a patent certificate will be issued. 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.