Indonesia is amongst the largest countries in South-East Asia. It is the only country in the region to be part of G-20. It has the largest economy in the region and is classified as a newly industrialized nation. It is the 17th largest economy and is the 7th largest in terms of nominal GDP. While traditionally an agricultural economy, it has steadily become industrialized and thus the patenting requirements have been rising.
The central bank in the country is responsible for issuing its national currency, called rupiah. The financial system constitutes saving banks as well as commercial banks. The aims of the government’s credit and fiscal policies have been to provide the conditions for private incentive within the context of financial orthodoxy.
The Patent law in Indonesia is governed by The Patent Act (Law No. 13 of 2016). In addition to this basic Act, there are many other regulations in place that has to be followed. We, at Khurana and Khurana provide all the patent registration related service. The following is the procedural requirements and documents that we might need in helping you with the registration of your Patent Application in Indonesia.
Directorate General of Intellectual Property (DGIP) is the apex body which is responsible for all legal and administrative matters relating to registration, assignment and licensing of a patent in Indonesia. Directorate of Patent, Integrated Circuit Layout Design and Trade Secret are the specialized bodies within the DGIP which look after the registration of patents in Indonesia. Some of the duties undertaken by DGIP which regard to patent administration are as follows:
The following are the grounds on which the Patent Application might be rejected in Indonesia:
When a Patent is registered in Indonesia, the Patent holders get the following exclusive right:
The following documents are required to be filled mandatorily in Indonesia:
The grounds on which a third party can oppose the grant of patent on the following grounds:
Standard Patents typically take 3-5 years from the date of filing, while Simple Patents can take up to two years to process. Standard patent applications are open to examination and opposition claims from any third parties for a period of six months after they are published in the Official Gazette (typically about 18 months from the date of filing). The inventor must formally request a substantive examination after this six-month term of publication (this must be done within 36 months of the date of filing). Simple patents are assessed after publication and published three months or more after the date of filing. Up to 12 months after this initial application has been submitted, applicants from Convention countries may assert the "priority date" of a preceding application filed in a member country.