INDONESIA PATENTS SYSTEM
HIGHLIGHTS
Major international treaties signed
* Patent Co-operation Treaty
* Paris Convention
* GATT (including Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS))
Costs of obtaining a patent Please contact us at indonesia@mirandah.com
Average time to obtain a patent (from Indonesian filing)
* 12 – 30 months from PCT national phase entry
* 30 - 48 months for Paris Convention entry
* 18 – 24 months for patent
Official language for patent prosecution Bahasa Indonesia
Non-patentable subject matter
* Any process or product that contravenes the prevailing rules and regulations, religious morality, public order or ethics
* Methods of medical treatment and diagnostic methods
* Discoveries or scientific theories
* Mathematical formulae
* Living creatures, (except micro-organism),
* Biological processes for reproduction of plants and animals
Grace period for prior disclosure or sale
6 months before the Indonesian filing date (for experiments, R&D or disclosure to learned community)
Major prosecution events
Paris Convention entry : 12 months from priority
National phase entry : 31 months from priority
Request for Examination : 36 months from filing
Payment of grant fees : 1 year after grant
Renewals of patents : every year
Extension of deadlines
* 3 months for formality events
* 13 months for PCT national phase entry
Pharmaceutical Data Exclusivity Laws Not available
Parallel Imports Allowable
Term of patent 20 years
Patent term extension Not available
Restoration of lapsed patent Not available
Search and Examination The Patent Office conducts its own Search and Examination but favours Search and Examination reports issued in prescribed countries such as US, UK, Australia, Japan and South Korea and mostly from European Patent Office
Other forms of patents (e.g. petty/innovation patents) Petty Patent: Petty Patent does not require inventiveness and maximum of one invention is allowable
Useful links
www.mirandah.com
www.dgip.go.id
ENFORCEMENT OF PATENTS
HIGHLIGHTS
Infringement offence Civil and Criminal
Any specialized courts for IP Commercial Court for civil case
Outline of the enforcement steps
(i) Cease and Desist Letter
(ii) Infringement lawsuit
Relief against groundless threats Not available
Declaration of non-infringement Not available
Preliminary injunctions Available
Time frame for various legal actions
* Revocation - 6 - 8 months for first instance and 6 - 8 months for Cassation
* Infringement proceeding - 6 - 8 months for first instance and 6 - 8 months for Cassation
Alternative dispute resolution
(i) Mediation
(ii) Arbitration
(iii) Conciliation
Availability of damages and other relief for infringement
(i) Injunction
(ii) Damages