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Indonesia

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 (excluding micro-organisms)
  • Biological processes for reproduction of plants and animals (excluding microbiological processes).
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 first annual fees or backfees: within 6 months from issuance of notice of 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 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 are not permissible, however, in practice, this is still difficult to implement due to a lack of coordination between the IP office and customs office
Other forms of patents (e.g. Petty/innovation patents) Simple Patent: A maximum of one invention is allowable.

The scope of invention for simple patents has been expanded to include new inventions – or developments of existing products or processes –  that may be applied within an industry.

Useful links Patent Agents & Attorneys in Indonesia
www.dgip.go.id
Infringement offence Available
Specialised 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 CassationAppeal against decision to grant – within 9 months from date of notification of grant.
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)

Patent Applications

Year Resident Non-Resident Rank
2001 212 3,714 3926
2002 234 3,609 4077
2003 201 3,099 3300
2004 227 3,441 3668
2005 235 4,069 4304
2006 288 4,324 4612
2007 284 4,850 5134
2008 386 4,747 5133
2009 415 4,103 4518
2010 508 5,122 5630
2011 533 5,297 5830
2013 663 6,787 7450
2014 702 7,321 8023
2015 1,058 8,095 9153

Source: WIPO