Patent

 

The time limit for a PCT application entering the National Phase in Indonesia:

  1. 30 months from the priority date [under PCT Article 22] CHAPTER I
  2. 31 months from the priority date [under PCT Article 39 (1)] CHAPTER II

The Procedure of a Patent Application in Indonesia based on Patent Law No. 14 of 2001

  1. Patent Application                            
  2. Formal Examination                                                       
  3. Publication                                      
  4. Substantive Examination          
  5. Publication of Patent Certificate

A.  PATENT

After a patent application being filed, the Patent Office will conduct a formal examination to check the administrative and physical requirements of said application.  When the application meets the requirements, it will then be published in the Official Gazette for a period of 6 (six) months during which period such application shall be opened to opposition.  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.

If the application meets the substantive requirement as stipulated in the Indonesian Patent Law No. 14 of 2001 and no objection is made to the application, the Director of Patent will issue the patent.  A Patent shall be granted for a period of twenty years, as from the filing date of a patent application and cannot be renewed.

B. SIMPLE PATENT

After a patent application being filed, the Patent Office will conduct a formal examination to check the administrative and physical requirements of said application. When the application meets the requirements, it will then be published in the Official Gazette for a period of 3 (three) months during which period such application shall be opened to opposition. The publication shall be made no later than 3 (three) months after the filing date of application. A request for substantive examination may be filed directly at the time of filing or at the latest 6 (six) months from the filing date of application.

If the application meets the substantive requirement as stipulated in the Indonesian patent law no. 14 of 2001 and no objection is made to the application, the director of patent will issue the patent.  A simple patent shall be granted for a period of ten years, as from the filing date of a patent application and cannot be renewed.


 
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