Law in Indonesia concerning Patent is Law No. 14 Year 2001 that was effective since August 01, 2001.
The average time to obtain a Patent is as follows:
· 24 to 48 months from PCT national phase entry.
· 24 to 48 months from the filing date for Paris Convention entry.
· 24 months from the filing date for Simple Patent.
Patent shall be granted for a period of 20 years computed from the
filing date for PCT and Paris Convention applications, and 10 years for
Simple Patent. The protection cannot be extended.
Simple Patent does not require inventiveness and maximum of one invention is allowable
The official language for patent prosecution is Bahasa Indonesia.
The following are the non-patentable subject matters.
· Any process or product that contravenes the prevailing rules and regulations, religious morality, public
order or ethics.
· Methods of examination, treatment, medication, and/or surgery applied to humans and /or animal.
· Discoveries or scientific theories .
· Mathematical formulae.
· Living creatures, (except micro-organism).
· Biological processes for reproduction of plants and animals.
The following are the major prosecution events.
Paris Convention entry : 12 months from priority
National phase entry : 31 months from priority
Request for Examination : 36 months from filing
Payment of grant fees : 1 year after grant
Renewals of patents : Every year
The filing and prosecution procedures are as follows:
Stage 1: Filing
Stage 2: Formality Examination
Stage 3: Publication & Opposition (if any)
Stage 4: Substantive Examination
Stage 5: Grant/Refusal
The documents required for filing a patent application are:
· A Power of Attorney.
· An Assignment from inventor(s) to Applicant.
· A Statement of Ownership
· A Request for Grant
English translation is additionally required for documents not originally in English (e.g. patent specification).
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