Patent

Yes. A total of up to 12 months from the 30th month deadline is allowed. However, the Applicant is required to provide a notarized declaration stating the unintentional reason for the late entry. Further, all formality documents and the request for examination will be required to be submitted at the time of filing.

With the enactment of the new Patent Law, No. 13 of 2016, the first annuity of a patent application shall be paid within six months after the grant date, which is the date of issuance of the notice of grant and not the issuance of the grant certificate. A patent will be considered null and void if annuities are not paid by this due date.

However, an extension of up to 12 months may be requested until seven days before the payment due date of the relevant year at the latest. If this extension is applied, the annuity will be added with 100% of total payment of the relevant year. The subsequent annuity payment shall be made one month before the filing date of the subsequent protection period at the latest.

 

Yes. However, it is advisable that the applicant also files the original claims of the application along with the intended amendment.

The Directorate General of Intellectual Property Rights (DGIP) does not accept General Power of Attorney. A simply signed specific Power of Attorney has to be submitted for each patent application within 3 months of lodging the application with the DGIP.

Trademark

Indonesia has, as of 02 January 2018, acceded to the Madrid protocol. It is now possible to designate – or subsequently designate – Indonesia under international trademark registration.

Filings of amendments, such as recordals of assignment, changes of name and/or address are now permissible for pending (not yet ‘Registered’) trademark applications. However, these amendments are restricted to trademark applications filed on or after 27 November 2016.

Although multi-class applications are not prohibited, there are no set guidelines in place. As such, in our experience of local practice, multi-class applications tend to receive numerous objections and could also remain pending for prolonged periods.

Furthermore, if an objection is received with respect to one class, it is not possible to divide the application – meaning that the entire application may remain pending. It is therefore highly recommended to file single class applications.

 

The Indonesia Trademarks Registry has taken a very strict position with respect to formality requirements for trademark applications and, consequently, they no longer accept general/joint POA and SMO for filing trademark applications. As a result, each trademark application requires individual POA and SMO.