Indonesia
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| 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 |
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| Official language for patent prosecution |
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| Non-patentable subject matter |
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| 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 |
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| 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 |
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| 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) |
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| 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 |
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| 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. |
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| 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) |