What is the term needed to file a patent application in Indonesia?
Generally, it is advisable to file a patent application with a priority claim within 12 months from the priority date. Furthermore, if an applicant provides evidence of the reason due to which he/she missed the deadline and pays a surcharge, the priority right can be instated within three months.
How long is the duration of patents in Indonesia?
Taking into consideration the filing date, the duration up to which is a patent is valid in Indonesia is 20 years.
What are the filing requirements in Indonesia?
In order to acquire a filing date from the patent office in Indonesia, a patent application must include:
Power of attorney’s signed and scanned copy
Complete details of the inventor and the applicant
Patent specification that includes the title of the invention, claims, description, abstract, and drawings, if any.
What is the method of examining an Indonesian patent application?
Once filed, a patent application generally gets published nearly 18 months after the priority date. Thereafter, there is a 6-month window for any third party to file observations pertaining to the patent application. With regards to a simple patent, the window is three months.
An applicant can file the examination request within 36 months from the filing date. This period pertains to the international phase of a PCT application. In Indonesia, the country’s patent office doesn’t issue a direction to request for examination.
While the examiner might perform a fresh search, he/she may depend on any examination reports issued for corresponding applications in Europe, the US, Australia, and others.
The basic determinants of examining the patentability of an invention are novelty (absolute), industrial applicability, inventive step, and patentable subject.
The list of subject matter that is not considered patent worthy:
Processes or products, use or implementation of which violates the existing rules and regulations, religious morality, public order or ethics;
Prevention, diagnosis, and treatment methods pertaining to humans and/or animals;
Theory and methods in the mathematics and science domain;
Living creatures cannot be patented with an exception to micro-organisms; and
biological processes that are critical in plant or animal production. (non-biological process or microbiological process are an exception).
In case the examiner identifies legal grounds to raise objection (eg: issues with novelty aspect of the invention/process), he can reject the application. If that happens, the applicant can appeal the examiner’s decision within a 4-month duration (which may be extended). The application stands withdrawn if the applicant fails to respond within the stipulated duration.
ii) Divisional Applications
An applicant can file a divisional application till the time examiner completes the examination of the original application.
The examiner issues a patent certification upon ensuring that there are no outstanding issues. It is well worth noting that there is no opposition or re-examination procedure. Third parties can seek to revoke a patent via legal means.