| Patent and Petty Patent (Utility Model) regulated
in the Law No. 6 of 1989 on Patent as revised by the Law No. 13
of 1997 and the Law No. 14 of 2001.
The patent application shall be submitted to the Patent Office,
Directorate General of Intellectual Property Rights, Department
of Law and Human Rights of Republic of Indonesia.
Patent is a special right granted
by the state to an inventor for his/her invention in the field of
technology, for a certain period he/she personally executes his/her
invention or gives his/her approval to an other person to execute
it.
Utility Model (Petty Patent) shall
be granted by the state for each invention constituting a new product
or process having the quality of a simple invention but having a
practical usage value due to the form its configuration, construction
or component.
Invention shall be the activities
in solving certain problems in the field of technology, which may
be in form of a process or a product, or an improvement and development
of a process or a product.
Inventor shall be a person or
several person together conducting activities producing an invention.
Patent Holder shall be an inventor
as the owner of a patent or a person who has received that right
from the owner of a patent, or another person who has further received
the right from the above mentioned person, which is registered in
the General Register of Patents.
Patents are given to new inventions, which contain
inventive step and can be applied in the industry. Unless proven
otherwise, considered as inventors are those who have for the first
time filed an application for a patent. Meanwhile, the novelty requirement
for Utility Model (Petty Patent) is limited for the simple invention
which executed in Indonesia.
A person who executes an invention at the time
an application for patent is being filed for a similar invention,
shall still have the right to execute the invention as first inventor,
even when to the similar invention a patent will subsequently be
granted.
The provisions as above mentioned shall not apply
when the person executing the invention is conducting it by using
the knowledge about the invention concerned from descriptions, pictures,
samples, or other information about the invention for which an application
for a patent was filed.
A person executing an invention as above mentioned
may be recognized as the first inventor when after the granting
of a patent to the similar invention this person files an application
for a patent to the Patent Office.
UNPATENTABLE INVENTIONS
An invention shall be considered new, when at the
time the application for a patent was filed said invention is not
same or not constitutes the part of the prior invention
The prior invention as mentioned above is an invention on or before
:
a. filing date of patent application, or
b. receiving date of patent application with the priority right
if patent application filed with the priority right, has been published
in Indonesia or outside Indonesia in a publication in a manner which
enables an expert to use said invention or has been published in
Indonesia through an oral explanation, or through a demonstration
as to its use or in any other manner, so that it enables an expert
to use said invention.
An invention shall not be considered as having
been announced when within a period of maximum 6 (six) months prior
to filing an application for a patent :
- The invention has been displayed in an official, or recognized
as official, international exhibition in Indonesia or abroad, or
in an official, or recognized as official, national exhibition in
Indonesia.
- The invention is already used in Indonesia by its inventor in
the framework of an experiment for research and development purposes.
An invention shall also not be considered as having
been announced when within a period of 12 (twelve) months prior
to filing an application for a patent, apparently there is any other
person publish by way of infringing obligation to keep confidential
of said invention.
Patents shall not be granted to :
- Inventions concerning a process or a product, the announcement
and utilization or execution of which are in contravention with
the legislative regulations in force, the public order or decency;
- Inventions concerning methods of examination, care, treatment
and surgery applied to humans andanimals, but without covering any
products whatsoever, used or related to the methods concerned;
- Inventions concerning theories and methods in the field of science
and mathematics.
DURATION
Patents shall be granted for a period of 20 (twenty)
years, calculated as of the date of receiving the patent application,
and the Patent period can not be extended. Meanwhile, Petty Patent/Utility
Model can be granted for a period of 10 (ten) years, calculated
as of the date of receiving the Utility Model application, and the
Utility Model period also can not be extended.
PROCEDURE OF PATENT APPLICATION
The procedures for patent application according to the patent law
are as follows :
- Filing the application;
- Formal examination for determining the filing date;
- Official Publication of the application for a patent shall last
for 6 (six) months and the publication shall be made at the latest
:
- 18 (eighteen) months after the filing date;
- 18 (eighteen) months after the filing date of the first patent
application, in case of an application for a patent with the priority
right.
During the period of publication everyone may,
after having seen the announcement of the application for a patent,
submit a written opinion or objection on the application for the
patent concerned by mentioning the reasons thereof.
- The request for substantive examination which must be submitted
at the latest within thirty six (36) months as of the filing date;
- The Patent Office must give a decision to approve the patent application
and consequently, grant a patent or to reject it, within at the
latest 36 (thirty six) months, calculated as of the filing date
of the request for a substantive examination has been received.
- If the report on the results of the examination, conducted by
the Patent Examiner on the invention, for which an application for
a patent has been filed, comes to the conclusion, that the invention
concerned is in accordance with the provision of Patent Law as well
as the other provisions of the Patent Law, then the Patent Office
shall officially issue a Patent Certificate for the invention concerned.
The patent which have been issued, shall be recorded in the General
Register of Patents, and published in the Official Gazette of Patents.
Patent shall come into force on the date they have been granted
and shall have a retroactive effect as of the date of receiving
the application for a patent.
APPLICATION FOR APPEAL
An application for appeal may be submitted against
the rejection of an application for a patent, related to the reasons
and basis of consideration with regard to matters which are substantive
by nature. The application for an appeal shall be submitted in writing
by the person who has filed the application for a patent or its
proxy, to the Patent Appeal Commission.
The Patent Appeal Commission is a special body,
chaired permanently by a chairman concurrently member and is within
the Department of Justice. The application for an appeal must be
submitted at the latest within a period of three (3) months calculated
as of the date of the rejection notification of the application
for a patent, and The decision of the Patent Appeal Commission on
the application for an appeal shall be given at the latest within
twelve (12) months as of the date of receiving the application for
an appeal, and the decision of the Patent Appeal Commission shall
be final.
PRIORITY RIGHT
The application for a patent filed on the basis
of priority right as provided for in international convention for
the protection of patents, which is adhered to by the Republic of
Indonesia, must be submitted within twelve (12) months as of the
filing date which is for the first time received in any country,
which is also a participant of the convention concerned.
REQUIREMENTS FOR FILING A PATENT & PETTY PATENT APPLICATIONS
1. Descriptions, claims, abstract of the invention and formal drawings
(if the descriptions contains the drawings)
2. Power of Attorney.
No legalization is necessary;
3. Assignment
(if any) duly notarized by the Notary Public;
4. Declaration of Entitlement
duly notarized by the Notary Public; and
5. Certified copies of Priority Documents and its translation in
English.
REQUIREMENTS FOR FILING A PCT PATENT APPLICATION FOR ENTRY
INTO THE NATIONAL PHASE
1. Power of Attorney
duly signed by the applicant. No legalization is necessary;
2. Assignment
(if any) duly notarized by the Notary Public;
3. Declaration of Entitlement
duly notarized by the Notary Public;
4. Copy of International Publication
Dead line for filing the original documents (calculated as from
the filing date) :
1. Power of Attorney 1 month
2. Assignment 3
months
3. Declaration of Entitlement 3 months
Note :
1. Descriptions, claims, abstract of the invention and formal drawings
in English must be received by us at least 3 days before the dead
line.
2. If the original power of attorney can not be received on the
dead line of the filing date, then you can fax it immediately before
the dead line of filing date. Further, the original power of attorney
must be filed within 14 days calculated as from the filing date.
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