Summary

Novelty

Novelty requirement in Indonesia is absolute novelty. However, there are some conditions in which an invention shall be considered novel even if such invention already published before the filing date, if:
- Within at latest 6 months before the filing date, such invention is published in official exhibition in Indonesia or other countries, used for testing for research and development, or published in scientific forum.
- Within at latest 12 months before the filing date, such invention is published due to trade secret infringement.

Type of Patent

Patent Law in Indonesia regulates about patent and simple patent (utility model). 

Filing Date

Filing date will be given for application which has fulfilled minimum requirements, namely application form, specification, and drawing (if there is drawing). Other requirements may be followed later on.

Application with Priority Right

Application with Priority Right shall be filed at the latest twelve (12) months since priority date.

Application under PCT National Phase

Application under PCT National Phase shall be filed at latest 31 months since the priority date (if using priority right) or first filing date (if not using priority right).

Publication

After all the formality requirements are completed, the application will be published for 6 months (for patent) and 2 months (for simple patent/utility model). During publication period, any third party may file opposition.

Substantive Examination

Request for substantive examination shall be filed at the latest 36 months since the filing date (for patent) and 6 months since the filing date (for simple patent/utility model). Failure to submit the request will resulted in the relevant application considered withdrawn.  

Period of protection

Patent protection is valid for 20 years as from the filing date. Simple patent (utility model) is valid for 10 years as from the filing date. Both patent and simple patent (utility model) protection are not renewable. The granted patent and simple patent (utility model) is subject to annuity fees.

Annuity Fee

- Payment of the first annuity fee shall be made at latest 6 months since the issuance date of patent certificate and the amount shall cover the fee for first year as of the filing date to the year such application is granted plus annuity fee for the following year.
- Payment for the annuity fee for the remaining years shall be made at the latest 1 month before the same date of the filing date for the respective years.
- In the event the patent holder fails to pay the annuity fee in time, the patent shall be considered deleted.

Address:

PT ABU GHAZALEH INTELLECTUAL PROPERTY CONSULTING AND TRAINING The Mansion Bougenville Tower Fontana Unit BF 27 K1 RT.9/RW.11, Pademangan Timur, Jakarta Utara 14410, Indonesia

P.O. Box:
Telephone: +62216542294, +622129135664
Fax:
Email: indonesia@agip.com, indonesia.business@tagorg.com
Contact: Erika Rosalin (Ms)

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