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Patent | Indonesia

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Patent

Summary Application Procedure Filing Requirements Charges Documents Required

In Indonesia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.

1. Legislations:
Law of the Republic of Indonesia Number 14 Year 2001 Regarding Patent.

2. Patentability Criteria:
An invention is patentable if:

  • novel
  • it involves an inventive step
  • it is industrially applicable
Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:
  • discoveries, scientific theories and mathematical methods,
  • plant or animal varieties or essentially biological processes for the production of plant or animals,
  • schemes, rules or methods for doing business, performing mental acts, and
  • methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.


3. Utility Innovations:
There are 2 kinds of patents in Indonesia, namely, Patent and Simple Patent (Utility Model). Simple Patent shall be granted for a period of (10) ten years commencing on the date of issuance of the Letter of Simple Patent.

4. Membership:
√ – Paris Convention
√ – PCT

Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country.

Indonesia is also a member of the PCT since 1997. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Indonesia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.

5. Rule of Priority:
“First to File” is the rule followed by Indonesia in determining priority of patents

6. Duration:
A registered patent is valid for a term of 20 years whereas that of a simple patent is for 10 years.

1. Filing of Patent Application
Every applicant is required to submit an application within 12 months of priority date.

2. Publication
A patent application will be published within 18 months of the filing date.

3. 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.

4. Substantive 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.

5. 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.

The following information and/or documents are required to file an application for a patent in Indonesia:-

Direct National Application:-
1. Request for the grant of a patent:-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent
3. Filing of an assignment from inventor to applicant.

PCT National Phase Application
1. a copy of the PCT application in English language ( i.e. request form PCT/RO/101);
2. the details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. PCT specification as originally filed;
4. International Preliminary Report on Patentability;
5. one copy of any amendments filed in the international phase(in or translated to English);
6. Power of Attorney
7. Filing of an assignment from inventor to applicant.

Application Fees

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
75 595
2. Convention priority claim - 72
3. Request for Substantive Examination 250 740
4. Grant Fee 50 350


Translation and typing of patent specification fees per page - USD30

Maintenance Fees
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

Basic Requirements

Documents Remarks Time of Filing
Patent specification, claims and extract in English translated into Indonesian Language. On filing date
Drawings (if any) One month from application date


Additional Requirement
Documents Remarks Time of Filing
Priority documents With certified English translation 16 month from priority date (non-extendable)
Power of Attorney No legalization requirement 1 month from application date
Assignment of Invention (if the applicant is not the inventor) No legalization requirement 1 month from application date


Additional Documents for Entry of PCT National Phase in Indonesia
Documents Time of Filing
Form PCT/IB/306 or Notarized copy of Certificated of Change 2 month from application date
PCT specification as originally files 1 month from application date
Form PCT/RO/101 1 month from application date
Form PCT/IB/332 1 month from application date
Form PCT/IPEA/401 1 month from application date
Form PCT/IPEA/408 1 month from application date
Form PCT/IPEA/416 1 month from application date
Amendments file in the international phase Between application until substantive examination request

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