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_You're here: Home >> What We Do >> Patents >> New Patent Request
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Patenting Your Invention

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How

Step #1 - Patent Search (Prior art search)
Step #2 - Patent Drafting
Step #3 - Patent Request


Patent Request




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. Specification, i.e. written description, claim(s) and abstract regarding the invention;
  6. Title of invention;
  7. 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.


Procedures


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.


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

... So you've figured out a better way? Let's protect it!




S H O R T C U T S

About Patents
Patent Drafting
Patent Maintenance/Annuities


T O O L S

Indonesian Patent Law
File Size: 164 kb
File Type: pdf
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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

  • 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

U S E F U L  L I N K S

  • Patentdocs – Stay tuned to technology
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