Patent Law of Indonesia
Patent Law No. 13 year 2016.
The following are the required documents for filing a patent application and utility patent application in Indonesia:
* Power of Attorney, simply signed;
* Assignment, simply signed;
* Request for Grant of a Patent, simply signed;
* Statement of Ownership of Invention by Inventor(s), simply signed.
* Certified true copies of the parent application (“Priority Documents”), if the application is filed by claiming priority rights.
The scanned copy of the documents are also sufficient to be submitted at the time of filing. However, we will still require the original of the documents for our records.
Patent registration procedure in Indonesia
a. The patent application will be published after 18 months from the Filing Date of the application (without priority), or 18 months from the priority date if the application is filed with a Priority Right. The publication period is 6 months.
b. A request for filing a Substantive Examination should be filed at the latest 36 months as from the Filing Date, however, it can be filed simultaneously on the date of filing the patent application.
c. A substantive examination will be conducted after 6 months of publication period has expired.
d. The Indonesian Patent Office should decide within 30 months from the date of substantive examination requested whether a patent application would be allowed (to be granted) or rejected.
e. Once the patent is granted, the Indonesian Patent Office will issue the Patent Certificate immediately within 2 (two) months as from the date of Notice of Allowance. A protection period for a Patent is up to 20 (twenty) years as from the Filing Date.
Process from filing up to issuance of registration certificate under regular process of Patent is from 3 to 5 years, approximately.
A patent application which filed with priority right as regulated by the International Convention for patent protection in which the Republic of Indonesia is a party, shall be submitted within a period of twelve months as from the date of the first patent application is received by any country which is also a party to such convention.
National Phase time entry
For a PCT application, the time limit for entry into the National Phase in Indonesia is 31 months from the priority date [under CHAPTER I & II]
A patent is granted for a period of 20 years from the date of receipt of the Patent application, whereas a simple patent is granted for a period of 10 years from the date of receipt of a simple patent application.
Remarks of the Timeframe and process of patent in Indonesia
* Pursuant to Law No. 13 of 2016 on Patents (“Patent Law”), provided that all formalities have been met and complete documents have been submitted to the the Indonesian Patent Office (“IPO”), an application will be published in the Official Patent Gazette for a period of 6 months.
* For an application that is filed by claiming priority rights, the publication will be carried out immediately after a period of 18 months from the priority date of the relevant patent application. During the publication period, any third parties may submit comments or an objection to the application. When an objection or comments are filed, the applicant will be entitled to file a rebuttal and explanation concerning the invention in order to defend its patent application against the objection/comments.
* The objection, comments, rebuttal and explanation (if any) will be used by the examiners as additional consideration in examining the patent application during the substantive examination stage.
* Upon expiry of the publication period, the IPO will conduct a substantive examination of the patent application (if a request for substantive examination has been filed by the applicant).
* Under the Patent Law, the Patent Office is required to issue their decision on the patent application (accept for registration or reject) and further grant a patent certificate within approximately 30 months as from the receipt date of the request for substantive examination. Please note that in practice, due to the large backlog of pending applications, delays commonly occur.
* Under the Patent Law, a substantive examination will be carried upon a request from the applicant and payment of official fees to the IPO. The IPO usually notifies the relevant applicant once it is entitled to request a substantive examination. In practice, the notification letter is issued once the examination on formalities has been completed.
* The request can be filed (and the payment made) at any time within 36 months from the international filing date of the patent application (if the application is filed by claiming priority rights). Under the Patent Law, applicants may also file a request and pay the official fees for a substantive examination in advance or at the same time as filing the application.
Trademark Law in Indonesia
Legal basis is the Trademark Act of August 1, 2001, amended on November 28, 2016. The new Trademark and Geographical Indication Law is Law No. 20 of 2016.
Indonesia is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Indonesia follows the first-to-file system.
Nice classification, 11th edition. Multi-class applications have been possible since March 2007.
For the purpose of filing a trademark in Indonesia, it is required to provide and submit the following information and supporting documents for each class:
a. The complete name and address of the Applicant;
b. An original executed Power of Attorney (“PoA”) per application;
This document does not require notarisation and legalisation. Please note that since the TMO is in the midst of transitioning and implementing a new electronic filing system (“E-Filling”) for all IP
filing, particularly trademark, the scanned copy of the PoA is sufficient to be submitted at the time of filing. However, we will still require the original of the PoA for our records.
c. An explanation of the meaning of the trademark/word, if any. If the trademark has no meaning, please confirm this;
d. Information on the details of goods/services pursuant to the Nice Classification of 11th edition; Should you require further assistance in determining the classification of goods/services, we will be pleased to assist.
e. Softcopy of trademark labels in high resolution (preferably in jpg. format).
Trademark Registration Procedure in Indonesia
Upon filing the trademark application, the TMO will conduct administrative examination to check the completeness of the supporting documents and the administrative requirements of the relevant application. Theoretically, such administrative examination must be completed within 30 days months from the filing date of the application.
If the supporting documents are complete, the application will be published in the Trademark Official Gazette for 2 months. During the publication period, a third party has the opportunity to file an opposition against the application.
If there is no opposition during publication, the TMO will conduct the substantive examination upon the application. The examination should be completed in 150 days.
If during the examination, the examiner decides to accept the application, the application then will be registered. Otherwise, if the examiner decides to reject the application, the TMO will send the notification to the Application/his proxy. Theoretically, the trademark certificate will be issued by the TMO within approximately 9 months as of the application date.
However, please note that in practice, the trademark certificate is not always issued within the time stipulated under the Trademark Law, even if no opposition has been lodged. Therefore, delays may be experienced.
From filing to registration in smooth procedure is 9 approximately. However, it can take longer.
The application is filed at the Directorate General of Intellectual Property Rights (DGIP).
Electronic filing was implemented for renewal filing first by end of 2016, and followed with e-filing for new application in the beginning of 2017.
The filing is followed by a formal examination of the application.
All trademarks that pass the initial formality examination will proceed directly to publication. The publication stage lasts 2 months. Only during these two months, the trademark application can be opposed by third parties. Afterwards, a substantive examination is conducted by the DGIP. If an opposition was filed during the publication/opposition time, it will be reviewed by the examiner during the substantive examination. The DGIP plans to reduce the substantive examination lead time to a maximum of 150 working days.
National Opposition Period
The opposition period is 2 months from publication of the trademark application.
A trademark registration is valid for 10 years from filing date. The registration is renewable for periods of 10 years.