The Republic of Indonesia, located in the Malay Archipelago, is the largest archipelagic state in the world. The nations 17, 508 islands are home to more than 245 million people of various ethnic and religious backgrounds. The seat of government is based in Jakarta. Based on figures in 2006, the nation’s gross domestic product (GDP) is estimated to be around US$935 billion with a per capita of US$3,800.
| Major international treaties signed |
- Patent Co-operation Treaty
- Paris Convention
- GATT (including 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 (from Indonesian filing) |
- 12 – 30 months from PCT national phase entry
- 30 - 48 months for Paris Convention entry
- 18 – 24 months for 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 medical treatment and diagnostic methods
- 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 | |
| Extension of deadlines |
- 3 months for formality events
- 13 months for PCT national phase entry
|
| Pharmaceutical Data Exclusivity Laws |
Not available |
| Parallel Imports |
Allowable |
| Term of patent |
20 years |
| Patent term extension |
Not available |
| Restoration of lapsed patent |
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 |
| Other forms of patents (e.g. petty/innovation patents) |
Petty Patent: Petty Patent does not require inventiveness and maximum of one invention is allowable |
| Useful links |
www.mirandah.com
www.dgip.go.id |
ENFORCEMENT OF PATENTS
| Infringement offence |
Civil and Criminal |
| Any specialized courts for IP |
Commercial Court for civil case |
| Outline of the enforcement steps |
(i) Cease and Desist Letter
(ii) Infringement lawsuit |
| Relief against groundless threats |
Not available |
| Declaration of non-infringement |
Not available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
- Revocation - 6 - 8 months for first instance and 6 - 8 months for Cassation
- Infringement proceeding - 6 - 8 months for first instance and 6 - 8 months for Cassation
|
| Alternative dispute resolution |
(i) Mediation
(ii) Arbitration
(iii) Conciliation |
| Availability of damages and other relief for infringement |
(i) Injunction
(ii) Damages |
Application and Grant Of 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 |
Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.