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Steps to Obtaining a Patent for Your Invention

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​Step 1: Make sure your invention qualifies for patent protection (patentable)
Step 2: Do a thorough patent search
Step 3: Patent Drafting - Preparing the description, claims and drawings of an application;
Step 4: Patent Request - File an application with the patent office
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Before you can start on the road to prosecution, you must first establish without a doubt that the invention you wish to protect is patentable.

According to the prevailing Indonesian Patent Law, invention is an idea of an inventor embodied into a specific problem solving activity in the field of technology in the form of product or process, or refining and developing product or process. 

The following elements are not considered as inventions:
a. Aesthetic creations;
b. schemes;
c. methods in conducting activity of:
  1. involving mental activity;
  2. games; and
  3. business.
d. computer programs, except computer-implemented inventions;
e. presentation of information; and
f.  (deleted)
g.  theories and methods in the field of science and mathematics.

The following are inventions according to our patent law, but they are not patentable: 
  1. Processes, products, methods, systems, and uses whose announcement, use, or implementation contradicts the legislation, religion, public order, or decency;
  2. Examination, treatment, therapy, and/or surgical methods applied to humans and/or animals;
  3. (deleted)
  4. Living organisms, except microorganisms; or
  5. Biological processes essential for producing plants or animals, except non-biological or microbiological processes.
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Conditions of patentability

​​To be patentable, an invention must be:
  1. new (novel),
  2. considered as involving an inventive step, and
  3. industrially applicable.

Novelty. An invention is deemed to be novel if on the Filing Date, the invention is not similar to any previously disclosed technology. The Filing Date is the date when the patent application reaches the Indonesian Patent Office in complete form. 

Involving an inventive step. The invention involves inventive steps if the said invention to a person skilled in the technical field constitutes to be non-obvious. The evaluation of obviousness of an invention must take into account the state of the art at the time the application filed or which has existed at the time the first Application was filed using Priority Right.

Industrially applicable. The invention may be industrially applicable if the invention can be implemented in the industry as described in the patent application.

S H O R T C U T S

About Patents
Patent Drafting
Patent Maintenance/Annuities

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T O O L S

UU Paten No.13 Tahun 2016 & Penjelasannya
File Size: 3719 kb
File Type: pdf
Download File


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F R E E  P A T E N T 
S E A R C H  
D A T A B A S E S

  • Pangkalan Data KI
  • WIPO Database
  • EPO Database (“esp@cenet”)
  • USPTO Database
  • UK Patent Office Database
  • Japan Patent Office Database (“IPDL”)
  • Canadian IP Office Database
  • IP Australia Database
  • IP Office of Singapore Database

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U S E F U L  L I N K S

  • Patentdocs – Stay tuned to technology
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Member of:
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​INDONESIA
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Email
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