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

If the trademark application is pending, but was filed on or after 28 November 2016, it is possible to file the recordal application.

However, if the trademark application was filed before 28 November 2016, the trademark needs to be registered first before a recordal application can be filed.

No, Indonesia is a strictly first-to-file jurisdiction.

The Indonesia Trademarks Registry has very recently revised the process of filing trademark applications in Indonesia. Under this new filing system, the Applicant is compelled to choose the specification of goods and services for its proposed trademark(s) from the Registry’s Pre-Approved List of acceptable specifications. If an item does not match the description in the Registry’s Pre-Approved List, the particular item will either have to be amended or removed from the proposed specification of goods and services.

After filing, the applications will first be published in the Gazette before undergoing substantive examination.

Deadlines in Indonesia are non-extendable, therefore one cannot obtain an extension of time for responding to an office action or filing an opposition in Indonesia.