Indonesia grants patents for inventions that are novel, contain an inventive step and are industrially applicable. The term of protection is 20 years. A simple patent may be granted for new products that have practical use. The term of protection for these is 10 years. Indonesia is a member of both the Patent Cooperation Treaty and the Paris Convention.

Documents required to obtain a filing date in Indonesia

PCT National Phase

  • Indonesian patent specification including the description, claim(s), abstract and drawing(s)
  • The english version of patent specification including the description, claim(s), abstract and drawing(s)
  • WIPO Publication
  • Original POA (Power of Attorney)
  • Original Assignment of Invention
  • Original Declaration of Ownership

Paris Convention and Original Filings

  • Indonesian patent specification including the description, claim(s), abstract and drawing(s)
  • The english version of patent specification including the description, claim(s), abstract and drawing(s)
  • Certified Copy of Priority document with the English translation of cover page and page 1
  • Original POA (Power of Attorney) signed by the Applicant
  • Original Assignment of Invention signed by the inventor(s)

We will arrange for translation of the specification into Bahasa Indonesia locally. This translation may be submitted within one month of filing the application in Indonesia (Article 34 Paragraph (3) Patent Law No. 13 of 2016)

Documents that must be submitted within three months of filing in Indonesia

A Power of Attorney, Declaration of Ownership and Assignment of Invention must be filed in relation to all applications. Further documents are required as follows:

PCT National Phase

  • International Search Report
  • International Preliminary Examination Report and Chapter II Demand

Paris Convention and Original Filings

  • Certified copy of Priority Document (to be filed within 16 months of the priority date) (Article 30 Paragraph (3) Patent Law No. 13 of 2016)

Publication

Publication takes place after formalities examination has been completed. The application will be published for six months during which period any interested third party may file an opposition.

Substantive examination

Substantive examination of a standard patent must be requested within:

PCT National Phase

  • 36 months from international filing date

Paris Convention and Original Filings

  • 36 months from Indonesian filing date

Substantive examination may not commence until the six month publication period has expired

Average Time to Obtain a Patent:

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

Annuities

  • The first payment (back fees) of the annuity patent must be made at the latest 6 (six) months from the date of the patent certificate issued; otherwise the patent shall be affirmatively deleted by the Ministry;
  • The first time payment is calculated from the Filing date up to the grant date of the patent plus the annual fee for the next annuity;
  • The next annuity payment shall be made at the latest 1 (one) month prior to the same date as the filing date in the next year of the protection period;
  • Payment of annuity fees may be postponed for a maximum period of 12 (twelve) months from the deadline for the annuity payment by submitting a request to the Minister to use this grace period mechanism which has to be filed at the latest 7 (seven) days before the deadline ends;
  • The payment using the grace period mechanism will be subjected to an additional 100% (one hundred percent) of the total amount of the respective annuity fees;
  • While using the grace period mechanism and the patentee has not made the annuity payment, the following shall apply:
    • The patentee cannot prohibit another party to exercise or implement the said patent, conduct a license nor assign said patent to any third party;
    • Any third party cannot exercise or implement said patent; and
    • The patentee cannot file a civil lawsuit or criminal case proceeding;
  • The Patent Holder who does not make the annual fee payment, thus the referred Patent will be declared as deleted.

Regulations related to Patent:

  • Patent Law Number 13 of 2016 (This patent law was in force on August 26, 2016, replacing old Patent Law No. 14 Year 2001)
  • The Government Regulation of the Republic of Indonesia Number 27 of 2004 concerning Procedures for the Implementation of Patents by the Government was established on October 5, 2004.
  • Government Regulation of the Republic of Indonesia Number 31 of 1995 concerning Patent Appeal Commission was established on August 29, 1995.
  • The Government Regulation of the Republic of Indonesia Number 11 of 1993 concerning the Form and Content of Patents was stipulated on February 22, 1993.
  • The Government Regulation of the Republic of Indonesia Number 33 of 1991 concerning Special Registration of Patent Consultants was established on 11 June 1991.
  • Regulation of the President of the Republic of Indonesia No. 76 of 2012 concerning the Government’s Patent Implementation of Antiviral and Antiretroviral Drugs.
  • Ministerial Regulation No. 38 of 2018 concerning Patent Application.
  • Ministerial Regulation No.39 Year 2018 on Guidance for Granting Patent Compulsory-License.
  • Ministerial Regulation No. 15 of 2018 concerning the Implementation of Patents by Patent Holders.

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