Patent

Indonesia

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions which satisfy the conditions of novelty, inventive step and capable of industrial application, are subjected to patentability.
Inventions not Patentable
15d8202f387c451568801523@_Worksheet_in_Indonesia_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes (Shall be requested before the parent application is granted)
Patent of Addition
Yes
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
31 Months
Extended Deadline
Yes, maximum 3 Years from the international filing date - should be filed with Substantive Examination Request as well
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
30 Pages
Basic Number of Claims
10 Claims
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
Bahasa Indonesia
Translation required
Yes
Due date to file the translation
1 Month
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
Not obligatory
Home / Foreign Registration Certificate, with required translation
Not obligatory
International Search Report (ISR), in case of PCT
Not obligatory
International Preliminary Examination Report (IPEA), in case of PCT
Not obligatory
Declaration of Ownership
Signed
Declaration of Nationality
Signed
Copy of Inventor's Passport
Yes
Other Documents
Statement of Invention Ownership by the Inventors
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
N/A
Deadline to File the Reply
3 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months with further extension of 1 Month
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
36 Months
Deadline to File the Reply
3 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months with further extension of 1 Month
Time Frame for Issuance of Decision
48 - 60 Months
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
Can only be done via PPH and ASPEC which shall be requested during the filing stage or after the publication period - but the speed may vary due to the inefficiency at the Patent Office
Deadline to File the Reply
3 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months with further extension of 1 Month
Time Frame for Issuance of Decision
48 - 60 Months
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
12 Months
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
15 - 18 Months

OPPOSITION

Applicability of Opposition
Yes