20 Tips for Obtaining a Patent in Indonesia
20 Tips for Obtaining a Patent in Indonesia
Companies are increasingly expanding their operations into Indonesia owing to the country’s rapidly growing and diverse market as covered over at runrex.com. Indonesia provides opportunities for many US and European companies interested in expanding their business into South-East Asia. One of the things such companies need to familiarize themselves with when looking to expand into Indonesia is the process of obtaining a patent, something this article will look to help with through the following 20 tips.
Who can register a patent in Indonesia?
According to discussions on the same over at guttulus.com, a patent application can be filed by the inventor or any party that receives the rights to a patent from the inventor. It is worth pointing out that the inventor is defined as the party whose name is stated as such in the relevant patent application unless proven otherwise.
Which government body controls the patent registration procedure?
From discussions over at runrex.com, the Directorate General of Intellectual Property (DGIP) is the government body that deals with all the administrative matters when it comes to the registration, assignment and licensing of a patent. Within the DGIP, there is the Directorate of Patent, Integrated Circuit Layout Design, and Trade Secrets which deals specifically with patent registration.
Which inventions are patentable?
Before filing for your patent application, you need to find out if your invention is eligible for a patent. As covered over at guttulus.com, under the Patent Law, an invention is eligible for a patent if it is novel, involves an inventive step, and is capable of industrial application. The invention also needs to be nonobvious and useful as well.
The Patent Law has been amended in recent times in Indonesia to cover new and emerging aspects as far as patents are concerned. As far as computer programs are concerned, those that have instructions, problem-solving features, and technical effects are considered inventions and can, therefore, be patented.
Discoveries of other uses of patents
On the other hand, a patent shall not be granted for the invention (discovery) of a new use of known existing products or a new form of an existing compound that shows no increase in efficacy or change of chemical structure of the current compound.
A patent application should be submitted to the DGIP as covered over at runrex.com and may be filed for one invention only or several inventions that contribute to the unity of the invention. The patent application should contain:
The application form in writing in the Indonesian language
Title of the invention
Claims contained in the invention
Written description and explanation of the invention
Drawings and designs of the invention
The date, month, and year of the application
The full name and nationality of the inventor
The full address of the applicant
Payment of maintenance fee to the DGIP
Full name and address of the attorney if the application is filed through an attorney
If the requirements of your patent application are fulfilled, then the Directorate General will publish the application in the official Patent Gazette or on a publication board exclusively provided for such a purpose as per discussions on the same over at guttulus.com.
Additionally, the Directorate General may request expert assistance or facilities from other government agencies to conduct a substantive examination, which is conducted by qualified patent examiners. If the examiner reports deficiencies with the application, the Directorate General will inform the applicant to give them a chance to oppose the report as captured over at runrex.com.
The publication of the application will be open to the public and any person may submit a written objection to the relevant patent. The DGIP will then inform the applicant of the patent who will then be entitled to submit an explanation regarding the objection to the Directorate General. If the applicant doesn’t provide any clarification or improvement to the application, then the Directorate General will withdraw the application.
Authorization of the application
The Directorate General is required to either approve or refuse the patent application no later than 30 months from the date of receipt of the request. Usually, a simple patent is approved no late than 10 months from the date of receipt of the request. If the results of the substantive examination conclude that the application is in line with the Patent Law, then the Directorate General will issue a Patent Certificate to the applicant.
Rejection of an application
On the flip side, if the patent application doesn’t align with the new Patent Law as covered over at guttulus.com, then the Directorate General shall refuse to issue a Patent Certificate to the patent applicant.
Can you appeal if your application is rejected?
A common question when it comes to obtaining a patent in Indonesia is if an appeal is available if the Directorate General doesn’t grant you a patent. As articulated over at runrex.com, if a patent application is rejected by the DGIP, the applicant or their proxy may file an appeal to the Patent Appeal Commission. This appeal must be filed within 3 months of the delivery date of the notification of final rejection.
What is the cost of registration?
From discussions on the same over at guttulus.com, the cost of registering a patent will depend on whether the application was submitted manually or electronically. An electronic application for a patent costs about IDR 1.25 million while a manual application costs IDR 1.5 million.
Manufacturing in Indonesia
When it comes to obtaining a patent in Indonesia, it is important to note that patent holders are required to manufacture their products in Indonesia. This move is aimed at providing job opportunities or technology transfer in the country.
It is also important to point out that most patent applications are granted based on corresponding applications of foreign grants. This is mainly because local examiners are still not equipped to carry out independent full search and examination yet. Such foreign grants should be from patent offices that are known to conduct independent examinations.
As revealed in discussions on the same over at runrex.com, patent specifications need to be translated into the local language, which means that translation errors are common given that translations are often done too literally. This is why it is recommended that applicants pay close attention to the translation of the independent claims, which is the most important part.
Also, full searches in Indonesia are still not possible according to the subject matter experts over at guttulus.com. This is because patent records are not yet fully computerized which means that searches can only be made into basic bibliographic data and abstracts of inventions, but not the complete specification.
According to the Patent Law, if within 3 consecutive years the annual fees have not been paid, in what is referred to as the grace period, the patent shall be deemed void starting from the date of the third year as articulated in detail over at runrex.com.
It is also worth pointing out that industrial designs need to be new when the application is filed. Where a design has already been disclosed to the market through production and sales, some IP owners may find it more prudent to protect their designs as copyright.
Accelerating the examination of patent applications
The applicant may also accelerate their patent application by filing a request to the DGIP to publish their patent application in the Patent Official Gazette within 6 months of the date of receipt of the patent application. Usually, the patent application will be published in the Patent Official Gazette at the latest, within 18 months of the date of receipt of the application. Here, the applicant must explain why accelerated publication is necessary and pay the required fee for acceleration.