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COUNTRY : REPUBLIC OF INDONESIA
CAPITAL : JAKARTA
LANGUAGE : INDONESIAN
IP rights in Indonesia are administered by the Directorate General of Intellectual Property Rights.
INTERNATIONAL TREATIES TO WHICH INDONESIA IS SIGNATORY
INTERNATIONAL TREATIES TO WHICH INDONESIA IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty – PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
TIME LINE NATIONAL PHASE ENTRY – PCT:
TIME LINE NATIONAL PHASE ENTRY – PCT
Chapter I Chapter II Under PCT Article 22 Under PCT Article 39(1)
NATIONAL PHASE ENTRY – 31 31
REQUEST FOR EXAMINATION –
COMPLIANCE OF OFFICE ACTION – ANY OTHER COMPLIANCE –
- This time limit may be extended provided that the applicant pays an additional fee for late entry into the national phase
- Months from the date of priority or International filing whichever is earlier
TIME LINE CLAIMING CONVENTION PRIORITY INDONESIA:
CLAIMING PRIORITY UNDER PARIS CONVENTION FILING WITH PATENT OFFICE – 12 Months REQUEST FOR EXAMINATION – COMPLIANCE OF OFFICE ACTION – ANY OTHER COMPLIANCE –
PATENT LEGISLATION IN INDONESIA:
IP LAW IN INDONESIA
Indonesia follows three streams of law in its legal system:
- Adat or Customary Law
- Dutch Colonial Law
- National Law Patents in Indonesia are governed by Patent Law 14 of 2001 and are granted by the Indonesia Intellectual Property Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS 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:
- 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.
- 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’.
- 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 NOT PATENTABLE IN INDONESIA:
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.
PartityPatents through it’s associate Law Firms in Indonesia, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN INDONESIA:
- The date, month and year of the application.
- Clear & full address of the applicant.
- Full name & nationality of the applicant.
- Full name & address of the proxy if relevant.
- A special power of attorney along with application by a proxy.
- A request that a patent may be granted.
- Title of the invention.
- Description of the invention.
EXAMINATION OF THE PATENT APPLICATION IN INDONESIA:
- Upon receipt of the patent application it is formally examined.
- Once the application is filed, the application is scrutinised for defence & security aspects.
- Post formalities examination, the patent application is published and the applicant to make a request for substantive examination.
- Patent application is subjected to:
- Search of the prior art
- Review of the application regarding patentability
- Office Examination issued to which applicant must respond to all the points raised therein.
- If no response by applicant within stipulated time period application deemed withdrawn.
- Examiner to decide patentability of the application base
RIGHTS OF THE PATENTEE IN INDONESIA:
Patents with a term of 20 yrs.
Simple patents with a term of 10 yrs.
- Patents confer to its holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell such patents.
- Patentee may authorise working of the patent either through a manufacturer or an importer.
- Patentee may even assign or licence the patent.
- Patentee may transfer patents in whole or in part
- Patents may be inherited, willed, be a part of grants, agreements
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN INDONESIA:
Compulsory licences may be filed by any party after expiry of three years from the date grant of patents.
Compulsory licences are granted by the Patent Office when it is evidenced that the relevant patent has contravened public interest in Indonesia.
Compulsory licences are therefore granted under the following circumstances:
- The relevant patent has not been implemented or only partially implemented by the patent holder or the licensee.
- That the applicant is able to fully implement the relevant patent and has the requisite resources and infrastructure for the same.
- That the applicant has made efforts over a period of time to acquire a licence from the patent holder on the basis of normal terms and conditions & has not succeeded.
- The IP office is of the opinion that the relevant patent can be implemented in Indonesia on a feasible economic scale and can give benefits to the majority of the society.
- A compulsory licence can be requested by the patent holder on the grounds that the implementation of the patent would be impossible without infringing the rights of another existing patent.
ParityPatents through its specialist Patent Lawyers and Patent Attorneys in Indonesia can comprehensively assist you with Compulsory Licence matters.