How to Register Patent Rights in Indonesia
Patents are the protection of Intellectual Property for technological intellectual works, also known as inventions, and contain technical solutions/solutions to problems found in pre-existing technology. Patent inventions can be either products or processes.
An invention must meet substantive requirements to obtain a patent; it includes: new (may not be published in any media before the patent application is filed and the date of filing is obtained), contains inventive things, and is industrially applicable.
Inventors (parties who produce inventions) are the parties most entitled to obtain patents for the inventions produced. Anyone other than the inventor who wishes to own a patent for the invention must first obtain a transfer of rights in writing from the inventor.
Patent ownership has a time limit. Patent owner/holder ( Patentee ), who has the exclusive right to implement the patented invention for 20 years. After that, the invention in question will become public property and can be used by anyone without the need for permission from the patent holder.
Patents adhere to the territorial principle, which means that patent protection only applies in the country where the patent application is filed and granted.
How To Register Patent In Indonesia ?
Flow of The Patent Process
- If the applicant does not reside within the territory of the Republic of Indonesia, then for the purposes of the application for registration of a work he must have a place of residence and appoint a power of attorney within the territory of the Republic of Indonesia, which can be from an Indonesian IP law firm.
- Registering an application to the Directorate General of Intellectual Property for applicants from abroad who do not know how to go through an Indonesian IP law firm and ask how to register an Indonesian patent with the procedure,
The normal procedure is to complete the following requirements:
- Patent specifications, which include: Invention title, invention background, invention description, drawings and descriptions, as well as an explanation of the limitations of what features are declared new and inventive by the inventor, so that they are eligible for a patent.
- Quadruple application form,
- Patent Application Fee,
If the three minimum requirements are achieved, then the applicant will get an Acceptance Date.
- Complete the formal requirements within three months after the Filing Date, which includes:
- Letter of Declaration of Rights or Letter of Transfer of Rights
- Power of Attorney, if the application is filed through a Power of Attorney;
- Photocopy of Applicant’s KTP/Identity, if the applicant is an individual;
- Copy of Legal Entity Establishment Deed, if the applicant
- NPWP photocopy
- Examination by the Directorate General of IP.
- After all the requirements have been declared complete, the next step is an announcement in the Official Patent Gazette and other official media for patent announcements. During the announcement period which lasts for six months, the public can submit a written objection to DJKI if they know that the invention does not meet the requirements for a patent.
- After the announcement period ends, the applicant can submit an Application for a Substantive Examination by submitting the completed form and paying a fee to DJKI. If the applicant does not submit an Application for Substantive Examination within 36 months from the Filing Date, then the application is considered withdrawn and the invention becomes public property. In this Substantive Examination, the Patent Examiner will determine whether the invention for which a patent is being applied for fulfills the substantive requirements so that it is eligible to be granted a patent.
- Within a period of 36 months at the latest from the filing of the application for substantive examination, the patent examiner must decide whether to reject or award a patent. For an invention that is granted a patent, a Patent Certificate is granted.
- An applicant whose patent application has been rejected may appeal to the Patent Appeal Commission, which may proceed to the Commercial Court up to cassation to the Supreme Court. If the applicant receives a refusal, or the legal remedy he submits ends in a refusal, then the invention becomes public property.
After obtaining the rights, the Patent Holder is obliged to pay an annual fee for maintaining the patent until the last year of the protection period. If the Patent Holder does not pay maintenance fees for three consecutive years, the patent will be deemed null and void. You can also register trademark rights by studying the steps first. If you are an applicant from abroad, please ask the Indonesian IP law firm regarding how to register a patent in Indonesia.
Source :
-DGIP
-Indonesia.go.id
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