COUNTRY : REPUBLIC OF INDONESIA
CAPITAL : JAKARTA
LANGUAGE : INDONESIAN
Patents rights in Indonesia are administered by the Directorate General of Intellectual Property Rights.
• Paris Convention for the protection of industrial property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
IP LAW IN INDONESIA
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
• Are New or Novel
• Involve an inventive step
• Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for ‘a man skilled in the art it does not yield results in an obvious way from the state of the art’.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
Inventions pertaining to the following:
• Discoveries, Scientific Theories & Mathematical methods.
• Aesthetic creations.
• Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
• Programmes for Computers.
• Patents contrary to laws and regulations in force, religious morality public order & moral code of conduct.
• Methods of examination, care, treatment, surgery, diagnoses applied to humans and animals.
• Plant or Animal varieties, Bio processes for the production of plants or animals except micro-organisms.
• Any biological process which is essential in producing plants or animals, except non-biological processes or microbiological processes.
(i). The date, month and year of the application.
(ii). Clear & full address of the applicant.
(iii). Full name &nationality of the applicant.
(iv). Full name & address of the proxy if relevant.
(v). A special power of attorney along with application by a proxy.
(vi). A request that a patent may be granted.
(vii). Title of the invention.
(viii). Description of the invention.
• Upon receipt of the patent application it is formally examined.