Summary INDONESIA PATENT Patentable Subject Matter:
An invention is patentable if:
- novel
- it involves an inventive step
- it is industrially applicable
Kinds of Patents:
1.Patent
2.Simple Patent ( Utility Model)
Membership:
Indonesia is a member of the Paris Convention and the Patent Cooperation Treaty (PCT).
ProcedureINDONESIA PATENT APPLICATION
1.Searching
This is the first step before an application is made to file a patent. Although a prior search is optional it helps in determining the existence of filed patents. 2.Application
Every applicant is required to submit an application containing the following information: - Power of Attorney ( no legalisation)
- Assignment of Invention ( no legalisation)
- Patent specification, claims and abstract in English to be translated into Indonesian Language.
- Drawings
- Priority Documents (if convention priority is claimed)
3.Publication
A patent application will be published within 18 months of the filing date. 4.Opposition
The publication is for a duration of 6 months during which oppositions are invited from interested parties. The statements of opposition and counter statement will be considered in the examination stage. 5. Examination
A request for examination has to be filed within 36 months after the filing date of the application else could result in automatic withdrawal of the application. Also a simple patent is examined only for novelty.
6.Registration
The patent office is obligated to grant or reject a patent within 36 months after the receipt of an examination date. On successful completion of formalities a patent certificate will be issued by the office and the invention will be listed in the general register of patent. 7.Protection
A registered patent is valid for a term of 20 years whereas that of a simple patent is for 10 years. ChargesPatent Application In INDONESIA | Items | Official Fees (USD) | Professional Fees (USD) | 1. Filing an Application
- Each additional claim over 10 claims - USD 26
- Preparing and Filing Formal Drawings per sheet - USD 26 | 400
| 267
| | 2. Convention priority claim | 55
| 17
| | 3. Request for Substantive Examination | 750
| 234 | | 4. Grant Fee | 300
| 100
| TOTAL
| 1,505
| 618
|
Translation and typing of patent specification fees per page - USD30 Documents Required For Filing A Patent ApplicationBasic Requirements | Documents | Legalization/ Notarization | Time of Filing | 1. Power of Attorney
| No | Within 1 month from filing date | | 2. Assignment of Invention | No
| Within 1 month from filing date
| | 3. Priority Document (If claiming priority) | No | Within 2 months from filing date |
Maintenance Fees Of Patent| Items | Official Fees (USD) | Professional Fees (USD) | 1st to 3rd year (each year)
- Addition fee per claim (excess 10)
| 95
10 | 284
3 | 4th to 5th year (each year)
- Addition fee per claim (excess 10) | 125
15
| 284
5
| 6th year
- Addition fee per claim (excess 10) | 188
20
| 284
6
| 7th to 8th year (each year)
- Addition fee per claim (excess 10) | 250
30
| 284
9
| 9th year (each year)
- Addition fee per claim (excess 10) | 315
38
| 290
12
| 10th year (each year)
- Addition fee per claim (excess 10) | 440
38
| 327
12
| 11th to 20th year (each year)
- Addition fee per claim (excess 10)
| 625
38
| 448
12
|
|
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