PATENT REQUEST

> Standard Patents
> PCT Applications - Entry into the National Phase
> Patent Request Form

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STANDARD PATENTS

Filing Requirements:

1. Full name, nationality and address of applicants;
2. Full name and nationality of inventors;
3. Special Power of Attorney* simply signed by the applicants (no legalization is necessary). For corporate applicant, please clearly indicate full name and title of the signatory;
4. A simply signed Assignment* from inventors to applicants, where the applicant is not the inventor;
5. Applicant’s Statement for having patent granted;
6. Specification, i.e. written description, claim(s) and abstract regarding the invention;
7. Title of invention;
8. Drawings.

Additional Requirements for Indonesian Applicants:

1. Copy of the inventor and applicant’s ID (KTP);
2. Official excerpt of Deed of Establishment or its notarized copy (where the applicant is a corporate body);
3. Copy of the applicant’s tax registration no./NPWP (where the applicant is a corporate body).

Note:

• As a patent application should be filed in Indonesian language, please provide us with the English Specification and Drawings (if any) well in advance prior to the local filing date.

Late filing of documents

Original Power of Attorney and Assignment from Inventor(s) to Applicant(s) can be submitted within 3 months as from the local filing date. However, late filing of documents will generally cause additional service charges and in some cases, official late fees are incurred.

Application with Priority Right

For a Convention Application, filed based on Paris Convention, the application should be submitted within a period of 12 (twelve) months as from the date the first application is received by any country which is a member of the Agreement Establishing the World Trade Organization (the Priority Date).

Certified copy of priority document and its English translation (for non-English document) should be filed within 16 months computed from the Priority Date.

If the above requirements are not fulfilled, the application shall be deemed as filed without priority right.

Publication & Opposition

The publication for convention application, shall occur in no later than eighteen (18) months from the priority date, whereas for a non-convention application no later than eighteen (18) months from the local filing date. Each shall be published for six (6) months. During the publication, anyone can file an opposition, which will be responded by the applicant, upon request from the Directorate General of Intellectual Property Rights (the Directorate General) . The arguments of both parties will be taken into consideration by the Directorate General.

For Simple Patents, the publication shall take place in no later than three (3) months from the filing date, and this will last for only three (3) months for opposition.

Any person may see the publication and may submit a written opinion and/or objection on the relevant patent application together with the reasons. In the event of any opinion or objection, the Directorate General shall immediately send a copy of the letter containing such opinion and/or objection to the applicant. The applicant shall be entitled to submit in writing any denial or explanation regarding such opinion or objection to the Directorate General.

The Examiners at the Directorate General shall use the opinion and/or objections, denials and/or explanations as additional information for consideration during the substantive examination level.

Examination

Substantive examination of a patent application shall be subject to a prior request in writing by the applicant or its attorney and which must be submitted within thirty-six (36) months as of the application filing date. However, the examination will commence only after the publication period is ended, and it shall be completed in no later than thirty-six (36) months (for standard Patents) or twenty-four (24) months (for simple Patents).

Office Action

The Examiners usually renders a 2-month period for the applicant to respond to the office action. An extension for 2 months can be obtained upon the request of the applicant.

Granting or Rejection of Applications

The Directorate General shall be obliged to decide to approve or to refuse an application for:

• a patent, no later than 36 (thirty six) months from the date of receipt of the request for substantive examination or from the end of the publication period if the request for substantive examination was filed before the end of the publication period;
• a simple patent, no later than 24 (twenty four) months from the filing date.

Patent Maintenance Fee

Once the Directorate General is satisfied with your application, they shall issue a “Notice of Allowance”. At this stage, the applicant should start to pay the patent maintenance fee. During the life of the patent (20 years from their filing date for standard patent, and 10 years from their filing date for simple patent), you have to pay the said maintenance fees annually.

Appeal

An appeal may be filed against the refusal of a patent application, at the latest, within 3 months from the date of  rejection.

The detail procedure of a patent application can be found in Patent Procedure .

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PCT APPLICATIONS - Entry into the National Phase

Time limits applicable for entry into the national phase:

• 30 months from the priority date (Under PCT Article 22(1))
• 31 months from the priority date (Under PCT Article 39(1)(b))

Requirements for Entry into the National Phase:

1. Full name, nationality and address of applicants;
2. Full name and nationality of inventors;
3. Special Power of Attorney* simply signed by the applicants (no legalization is necessary). For corporate applicant, please clearly indicate full name and title of the signatory;
4. A simply signed Assignment* from inventors to applicants, where the applicant is not the inventor;
5. Applicant’s Statement for having patent granted;
6. Title of Invention

In addition to standard formal documents mentioned above, the following documents are also required for each Chapter:

Under PCT Article 22:

• Description,
• Claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19),
• drawings,
• abstract

Under PCT Article 39(1):

• Description,
• claims,
• drawings,
• abstract

Note: if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report

Priority Document

The Directorate General of Intellectual Property Rights (the Directorate General) requires a translation of the priority document in English but only if needed during national examination or other processing. If the required translation is not furnished, the Directorate General will invite the applicant to furnish it within 2 (two) months from the date of the invitation. The translation need neither be certified nor verified.

Late filing of documents

Original Power of Attorney and Assignment from Inventor(s) to Applicant(s) can be submitted within 3 months as from the local filing date. However, late filing of documents will generally cause additional service charges and in some cases, official late fees are incurred.

Letter from Director of Patent Directorate No. H3-UM.07.10.482/2004

Based on letter from Director of Patent Directorate No. H3-UM.07.10.482/2004, in order to simplify the filing patent (PCT) system, it is not compulsary to submit the following documents when entering National Phase in Indonesia:

1. International Search Report (ISR) form: PCT/ISA/210
2. International Preliminary Examination Report (IPER) form: PCT/IPEA/401 and PCT/IPEA/409
3. PCT pamphlet which contain:
   • copy of international application as originally filed (bibliographic, description, claims, abstract, drawings)
   • copy of international search report and English translation
   • copy of priority documents
4. other documents relating to International Phase

The Directorate General receives these documents directly from the International Bureau of WIPO.

Reinstatement of Rights (Internal Letter No. H.01.UM.09.01 – 2006)

The Directorate General shall accept and prosecute Reinstatement of Rights application as provided in PCT Rule 49.6 (According to its internal letter No. H.01.UM.09.01 – 2006). Thus, there are several important points to note:

1. Time limit of Chapter I can be extended up to 31 months as from the earliest priority date.
2. In the event of lapsing time of 31 months, the application can be submitted within 1 month-grace period. In this case, the Directorate General shall impose a fine of IDR 5.000.000 to the Applicant.
3. In the event of the application is only submitted up to 12 months after the 31 month-time limit, in addition to the fine as stated in point b, a notarized statement explaining the causes which lead to the failure to enter the national phase is also required.

Request for Examination

The Examiners at the Directorate General examines patent applications as to substance. The applicant must request substantive examination on a special form no later than 36 months from the international filing date and pay a special fee.

Appeals

An appeal may be filed against the refusal of a patent application. A request for appeal shall be filed in writing to the Patent Appeal Commission, not later than three months as of the date of the notification of refusal of the patent application. If the Patent Appeal Commission refuses the appeal, the applicant can still file an appeal with the Commercial Court not later than 3 (three) months after receiving notification of refusal.

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PATENT REQUEST FORM

Please fill out and submit the following online order form and, based on your data, we will complete Power of Attorney (PoA) and Declaration forms for you. We will, within one business day, send you by e-mail the completed PoA and Declaration forms for your/your client signature. Please send the simply signed PoA and Declaration back to us, along with other required documents, by registered mail/courier.

Applicant(s)

Applicant (1)

1. Full Name
2. Nationality
3. Full Address

Applicant (2)

1. Full Name
2. Nationality
3. Full Address

Applicant (3)

1. Full Name
2. Nationality
3. Full Address

Inventor(s)

Inventor (1)

1. Full Name
2. Nationality

Inventor (2)

1. Full Name
2. Nationality

Inventor (3)

1. Full Name
2. Nationality

1. Full name of the signatory
2. Title of the signatory
3. Title of Invention

Drawings/Documents (may be sent by mail/courier)

1. Drawing/Document (1)
2. Drawing/Document (2)
3. Drawing/Document (3)
4. Drawing/Document (4)
5. Upload more documents

Priority Claim

1. Is it a priority application?
2. Yes No
3. Priority Date
4. Priority No.
5. Priority Country

Where should correspondence about this application be sent?

1. Contact Full Name
2. Title
3. Company / Organization
4. Full Address
5. Telephone
6. Facsimile
7. Email(valid email required)
8. Website
9. Your Ref Number

1. Verification
2. *All information given above will be treated in a strictly confidential manner.

 

Please ensure to recheck the correctness of your data before you click “Submit”.

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