The inaugural patent law in Indonesia took effect on August 1, 1991, marking a significant milestone for the country. Subsequently, the region became a member of the Patent Cooperation Treaty (PCT) on September 05, 1997. In 1997, the Indonesian Patent Office underwent substantial changes, including extending the patent term to 20 years from the previous 14 years.
The major requirements and procedure to file a patent application in Indonesia are mentioned below:
The designated period for submitting a patent application in Indonesia under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.
In Indonesia, the official language for national phase patent applications is Indonesian. If the international application is in a different official language, a translation into Indonesian is required. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.
The time limit can be extended by paying an additional fee for late entry into the national phase. The submission of the translation into Indonesian is permissible within one month from the filing date.
The esential documents required for filing a patent application includes:
No exemptions in cost are granted for the patent application when entering the national phase.
The patent office conducts a thorough examination of patent applications to ensure their compliance with standards. To initiate this comprehensive review, applicants are required to formally request it using a specific form within 36 months from the international filing date. Importantly, this process involves a special fee.
Patent Prosecution Highway Program under the PCT
Several agreements between patent offices have been made to encourage collaboration. This allows patent applicants to ask for a faster process in another country. In this process, patent examiners can use information from the work done by other patent offices. This information might include things like reports and opinions from international authorities. It's like countries teaming up to make the patent process quicker and more efficient.
The Directorate General of Intellectual Property in Indonesia has established PCT-PPH agreements with the following entity:
Japan (JP): Japan Patent Office
Renewal fees constitute an essential financial commitment, starting from the initial year calculated from the international filing date. This recurring obligation takes effect after the successful granting of the patent. It signifies a steadfast and structured financial responsibility, emphasizing the necessity of maintaining the patent's validity through prompt and recurrent payment of these fees post-grant.
The patent term for patents in Indonesia is 20 years from the international filing date. No extension regarding patent term is available here.
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