Patent registration in Indonesia

Patent registration in Indonesia is increasing, indicating the development of creative activity and innovation in the country. According to data from the Indonesian Intellectual Property Office (DJKI), the number of patent applications filed in 2022 has increased by 12% compared to 2021. Fields such as information technology, communications, electronics, and biomedicine attract the most patent applications. Information and communication technology attracts the most patent applications due to the rapid development of new technologies such as artificial intelligence, the Internet of Things (IoT), and cloud computing. Patents in this field are often related to ICT-related software, hardware, methods and systems. The electronics industry is another important sector of patent registration in Indonesia. Patents in this field are often related to electronics, components, electronic circuits, and manufacturing processes. The biomedical field is seeing a significant increase in the number of patent applications, reflecting the increasing demand for new and improved medical solutions. Patents in this field are often related to pharmaceuticals, medical devices, diagnostics, and therapies. Therefore, more and more enterprises need to register patents in Malaysia, Viet An Law would like to guide customers preliminarily the procedure for patent registration in Indonesia through the article below.

Legal basis

• Law No. 13 of 2016 on Patents

Definition of patent in Indonesia

A patent in Indonesia is an exclusive right granted by the state to an inventor over a new, innovative and potentially industrial patent consisting of the following main ideas:

• Exclusive rights: The patent owner has the sole right to manufacture, use, sell, import or offer to sell the patent for a certain period of time.
• Granted by the State: The patent is granted by Direktorat Jenderal Kekayaan Intelektual (DJKI) after going through a successful application and review process.
• New: The patent must be new, which means it is not made public or disclosed before the date of the patent application.
• Creativity: Patent must involve a creative step that is not obvious to someone with expertise in the relevant field.
• Industrial applicability: The patent must be capable of manufacturing or use in industry.

Types of patents that can be registered in Indonesia

Common patents

This type of patent is “ordinary” or full, providing the most comprehensive protection for patents that meet the following criteria:

• New: The patent must not be made public or disclosed prior to the date the patent application is filed.
• Creativity: Patent must involve a creative step that is not obvious to someone with expertise in the relevant field.
• Industrial applicability: The patent must be capable of manufacturing or use in industry.

A patent is normally granted for a period of 20 years from the date of filing. This type of patent is suitable for patents with a high level of novelty and innovativeness, especially those in complex technological fields.

Simple patents

This is a simpler and faster alternative to conventional patents, with less stringent requirements. However, it offers a narrower range of protection. Here are the conditions for a simple patent:

• New: Similar to conventional patents, patents must be new.
• Industrial applicability: The patent must be capable of manufacturing or use in industry.
• Creative step (less stringent): Creative step requirements are less stringent than conventional patents. The patent can be an improvement or minor modification to an existing patent.

Simple patents are granted for a period of 10 years from the date of filing. This type of patent is suitable for patents of lower complexity or for patents that may not need the full protection of conventional patents due to cost or time constraints.

Patent lookup in Indonesia

There are two main ways to seek patents in Indonesia:

Directly through the General Office of Intellectual Property (DGIP)

• DGIP’s website does not currently offer a patent search function for users in English.
• Applicants can search through their database in Indonesian (https://pdki-indonesia.dgip.go.id/)

Using an online patent search tool

Some online platforms offer the ability to search for patents across multiple countries, including Indonesia. Here are a few options:

• World Intellectual Property Organization (WIPO): WIPO’s PatentScope database allows applicants to search for international patents, including those filed in Indonesia. Although the interface may not be convenient for some users, the system offers comprehensive search capabilities and is available in English (https://patentscope.wipo.int/).
• Espacenet: Espacenet is another comprehensive patent database that allows searching by country, including Indonesia. This interface is easier to use than WIPO’s PatentScope but requires account creation to be able to look up (https://worldwide.espacenet.com/).

Patent application in Indonesia

To apply for a patent in Indonesia, the applicant needs to prepare a dossier that includes the following documents:

Essential Records:

• Patent application: This form can be downloaded from the website of the Indonesian Intellectual Property Office (DGIP) (https://www.dgip.go.id/menu-utama/paten/pengenalan). The application form usually asks for details about the applicant, inventor, and patent information.
• Detailed description of the patent: This document should clearly explain the technical features, functions and advantages of the patent. This text should be written in Indonesian – the official language of Indonesia.
• Claims: These requirements determine the scope of protection that the applicant wants for his patent.

Additional documents (may require):

• Drawings or illustrations: These images visually represent the patent and can be helpful in understanding its technical details.
• Patent Statement: This document identifies the inventor (inventors) of the patent.
• Receipt of payment of filing fee: The fee associated with filing a patent application.

For Foreign Applicants:

• Intellectual Property Representation in Indonesia: Foreign applicants are usually required to apply through a registered representative in Indonesia to handle the application process. This representative can assist in navigating legal, translation and communication issues with DGIP.
• Priority Document (if applicable): If the applicant has filed a patent application for the same patent in another country and wishes to claim priority based on the previous filing date, the applicant will need to submit a certified copy of the priority document, which can be translated into Indonesian.

How to file a patent in Indonesia

To file a patent application in Indonesia, you can apply using the following filing methods:

• Direct submission: You can go directly to the Indonesian Intellectual Property Office (DGIP) at Jalan H.R. Rasuna Said, Kav. 8-9 Jakarta Selatan 12940 for filing application and related documents.
• Post: You can send your application and all required documents via postal service or courier service to the Indonesian Intellectual Property Office (DGIP) at Jalan H.R. Rasuna Said, Kav. 8-9 Jakarta Selatan 12940.
• You can apply for patent protection via the link below:

https://paten.dgip.go.id/#/login

Patent registration in Indonesia through PCT system

What is a PCT system?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 participating countries, including Indonesia. Indonesia acceded to the Treaty on September 5, 1997

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).

Patent registration service in Indonesia of Viet An Law Firm

• Carry out the search and notify customers in writing the results of patent search in Indonesia;
• Drafting documents and directly submitting and monitoring the status of patent applications filed in Indonesia on behalf of the patent owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Indonesia;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Indonesia.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to apply for patent registration in Indonesia, please contact Viet An Law Firm for the most effective support.