Introduction to patents
From HAKItree
English 
Indonesian 
Contents |
What is a patent?
A patent is a right granted to an inventor in respect of his invention. It can be obtained for a new or improved machine or process, article of manufacture, or chemical composition.
How are patents protected in Indonesia?
Two types of patent are recognised in Indonesia – standard patents (for products and processes) and simple patents (for products only).
There are two ways of obtaining registration. You can apply for a patent directly by filing an application at the Patent Office. Alternatively, you can file an application under the Patent Cooperation Treaty (PCT) at WIPO in Switzerland and designate Indonesia as a country in which protection is sought. The PCT is a system which allows the applicant to file one application and designate other member countries. This is a cost effective system where protection is being sought in many countries. For all applications, applicants need to specify, in a series of claims, the scope of the protection sought and to explain, by means of technical descriptions and drawings, how to work the invention.
How long does registration take?
That depends on the type of patent you want. Simple patents can take about two to three years. Standard patents are more likely to take three to five years from filing in Indonesia.
Standard patents are substantively examined upon request following a 6 month publication period for opposition purposes. Once a standard application has been filed with the Patents Office and formalities met, it will be published in the Official Gazette. Publication usually takes place after 18 months from filing date or priority date. Any party may file an opposition within six months of the date of publication. Then the application will proceed to ‘substantive examination’, provided a specific request by the applicant is made to the Patents Office within 36 months of the date of filing.
In the case of Simple Patent, he application will be published after 3 months from filing of application. There will be examination following publication.
How long does a patent last?
A standard patent is granted for 20 years from the filing date. A simple patent lasts for 10 years from the filing date. Yearly payments must be made after grant to keep the patent alive.
What inventions are patentable?
Any invention is patentable provided it:
- is new, i.e. not the same as any previous technological disclosures either in or outside Indonesia. (There are exceptions for inventions that have been disclosed in international exhibitions or used in relation to experiments for the purposes of research and development up to six months before filing);
- involves an inventive step, i.e. is not obvious to a person who is skilled in the art; and
- is capable of industrial application; i.e. useful.
Unlike standard patents, where all three criteria must be met, simple patents require only that an invention should be new and have practical utility. It is, therefore, easier to obtain a simple patent.
However, even if you satisfy the above criteria, a patent will not be granted if the invention relates to:
- a process or product that contravenes prevailing rules and regulations, religious morality, public order or ethics;
- a method of examination, treatment, medication and or surgery applied to humans and/or animals;
- any theory and method in the field of science and mathematics;
- a living creature (other than a micro-organism); or
- any biological process that is essential in producing a plant or animal.
Must the patented invention be used?
If a patented invention has not been used three years from the date of grant, any party may file a request for a compulsory licence with the Patents Office. A royalty will be payable to the patent owner. If process patents are not worked in Indonesia, the patent owner may be precluded from objecting to the unauthorised importation of goods manufacted by the process covered by the patent.
Can you license use of the patent?
Yes. The law states that unless a licence agreement is recorded at the Patents Office, the licence will have no effect on third parties. However, as of 2008, the regulations have not been implemented and it is not yet possible for licences to be recorded.
