The Republic of Indonesia, located in the Malay Archipelago, is the largest archipelagic state in the world. The nation's 17,508 islands are home to more than 240 million people of various ethnic and religious backgrounds. The seat of government is based in Jakarta. Based on figures in 2009, the nation's gross domestic product (GDP) is estimated to be around US$968 billion with a per capita of US$4,000.
| Legal Basis |
Law No. 14 year 2001 concerning Patent effective 1 August 2001 |
| Major international treaties signed |
Patent Cooperation Treaty (PCT) effective 5 September 1997
Paris Convention effective 24 December 1950
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) |
| Costs of obtaining a patent |
Please contact us at indonesia@mirandah.com |
| Average time to obtain a patent |
24 to 48 months from PCT national phase entry
24 to 48 months from the filing date for Paris Convention entry
24 months from the filing date for Simple patent |
| Official language for patent prosecution |
Bahasa Indonesia |
| Non-patentable subject matter |
Any process or product that contravenes the prevailing rules and regulations, religious morality, public order or ethics
Methods of examination, treatment, medication, and/or surgery applied to humans and /or animal
Discoveries or scientific theories
Mathematical formulae
Living creatures, (except micro-organism)
Biological processes for reproduction of plants and animals |
| Grace period for prior disclosure or sale |
6 months before the Indonesian filing date (for experiments, R&D or disclosure to learned community) |
|
Major prosecution events |
| Paris Convention entry |
: |
12 months from priority |
| National phase entry |
: |
31 months from priority |
| Request for Examination |
: |
36 months from filing |
| Payment of grant fees |
: |
1 year after grant |
| Renewals of patents |
: |
Every year | |
| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Formality Examination
Stage 3: Publication & Opposition (if any)
Stage 4: Substantive Examination
Stage 5: Grant
Stage 6: Renewal/ Annuity |
| Extension of office action deadlines |
Not available
|
| Necessary document for filing |
Power of Attorney
Deed of Assignment
*English translation is additionally required for documents not originally in English (e.g. patent specification) |
| Pharmaceutical Data Exclusivity Laws |
Not available |
| Search and Examination |
The Patent Office conducts its own Search and Examination but favours Search and Examination reports issued in prescribed countries such as US, UK, Australia, Japan and South Korea and mostly from European Patent Office |
| Opposition term |
6 months during publication period |
| Term of patent protection |
20 years commencing from the filing date for PCT and Paris Convention application
10 years commencing from the filing date for Simple Patent |
| Patent term extension |
Not available |
| Restoration of lapsed patent |
Not available |
| Parallel Imports |
Patent Law no. 14 of 2001 regulates that parallel imports is not allowable, but in practice it is still difficult to be implemented due to lack of coordination between the IP office and Custom office |
| Other forms of patents (e.g. Petty/innovation patents) |
Simple Patent: Simple Patent does not require inventiveness and maximum of one invention is allowable |
| Useful links |
www.mirandah.com
www.dgip.go.id |
| Infringement offence |
Available |
| Specialized courts for IP |
Not available |
| Outline of the enforcement steps |
Cease and Desist Letter
Infringement lawsuit |
| Relief against groundless threats |
Regulated but cannot be implemented due to lack of technical regulation |
| Declaration of non-infringement |
Not available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
Revocation - 6 to 8 months for first instance and 8 to 12 months for Cassation
Infringement proceeding - 6 to 8 months for first instance and 8 to 12 months for Cassation |
| Alternative dispute resolution |
Mediation
Arbitration
Conciliation |
| Availability of damages and other relief for infringement |
Injunction
Loss of revenue |
| Civil remedies |
Not available |
| Criminal Sanctions |
Penalty
Jail sentence (max. 4 years) |
Statistics on Patent Application and Granted Patent ｆrom 2001 to 2009
|
|
Domestic |
Foreign |
Total |
Domestic |
Foreign |
Total |
|
2001 |
409 |
3738 |
4147 |
49 |
1349 |
1398 |
|
2002 |
391 |
3657 |
4048 |
72 |
2485 |
2557 |
|
2003 |
364 |
3128 |
3492 |
77 |
2834 |
2911 |
|
2004 |
404 |
3473 |
3877 |
111 |
2631 |
2742 |
|
2005 |
398 |
4101 |
4499 |
84 |
1647 |
1731 |
|
2006 |
530 |
4350 |
4880 |
94 |
1740 |
1834 |
|
2007 |
493 |
4884 |
5377 |
149 |
1761 |
1910 |
|
2008 |
601 |
4781 |
5382 |
288 |
2148 |
2436 |
|
2009 |
534 |
3709 |
4243 |
156 |
2021 |
2177 |
|
Total |
4124 |
35821 |
39945 |
1080 |
18616 |
19696 |
(Source: Directorate General of Intellectual Property Rights, Indonesia)
Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.