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PATENT

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We represent clients to file patent/petty patent/PCT application and responding to office actions. We providing advise to clients on patent searching, oppositions, cancellations, invalidations, infringement litigation, appeals and portfolio management. Besides we also acting on behalf of client to pay annuity fees (patent yearly payment) and filing license agreements.

The following are the initial information regarding Patent:

What is a Patent ?

Patent is an exclusive right granted by the State to an Inventor for his Invention in the field of technology, for a certain period of time, to conduct exploitation of his Invention or to authorize other parties to conduct exploitation of his Invention.

While Invention is an Inventor’s idea that is expressed in the specific problem solving activities in the field of technology, that is in the form of a product or process, or the improvements and developments of a product or a process.

What can be registered as a Patent ?

A Patent is granted to an Invention, which is novel, having the inventive step and it is industrial applicable.

An Invention is considered to have the inventive step if it is unpredictable previously for the skilled person in the art.

What is a Simple Patent ?

Any Invention in the form of a product or device, which is novel and having practical use values because of its shape, configuration, construction, or component could be granted a legal protection in the form of a Simple Patent.

What cannot be registered as Patent ?

a.  Process or product of which the announcement and use or implementation contravenes public order,  religious morality, ethics, or the prevailing rules and regulations;

b.  Method of treatment, examination, surgery and/or medication applied to humans and/or animals;

c.   Theory and method in the field of mathematics and science; or

d.  i. all living creatures (micro-organism for the exception)

ii. biological process which is essential in producing animal or plant (microbiological process or non-biological process for the exception).

How long is the term of Patent protection ?

Patent Protection is granted for a period of 20 (twenty) years as from the Filing Date. The protection is not extendable, Patent protection is accompanied by the obligation for the patent owner to pay the annual fee.

What are the requirements to file a Patent application ?

1. Signed Power of Attorney;

2. Signed Assignment of Right;

3. Specification of patent (Description, Claim, Abstract, and Drawing [if any]);

4. Priority document, for a patent application that claims priority right;

The procedure of Patent application in Indonesia:

Upon filing a patent application, the Directorate General of Intellectual Property (DGIP) will conduct a formal examination for checking the completeness of administrative and physical requirements.  When the application meets the requirements, it will then be published in the Official Gazette for a period of 6 (six) months for opposition purposes.  The publication shall be made no later than 18 (eighteen) months after the filing date of application. A request for substantive examination must be filed within 36 (thirty-six) months from the filing date of a patent application. For a patent application that meets the substantive requirements  there is no objection is raised by the other party, the DGIP will grant the patent application.

Download Flowchart for Patent Application

Source: Law Of The Republic Of Indonesia No. 14 Year 2001 regarding Patent

For further information regarding recordal of assignment of patent, recordal of change of name and/or address, payment of patent annuities (yearly renewal / yearly maintenance), withdrawal of patent, license of patent, and other matters related to patent in Indonesia, including fees for handling patent matters, please contact us at: ip@patentrustbureau.com

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