Knowledge

The process of patent registration in Indonesia is structured and involves multiple stages, from filing the application to granting the patent. Below is a detailed exploration of the key stages involved in the patent registration process in Indonesia.

1. Pre-Filing Stage

This is the phase before submitting the patent application. It involves preliminary steps to ensure the invention is patentable.

• Patentability Search: Before filing an application, it’s a good idea to conduct a patentability search to check whether your invention is novel, inventive, and industrially applicable. This search can be done through the Indonesian Patent Office (DGIP, Directorate General of Intellectual Property); 
   
• Assessing Eligibility: Ensure the invention meets the criteria of patentability: novelty, inventive step (non-obvious), and industrial applicability. Inventions can include processes, machines, products, or improvements to existing technologies. 
   

2. Filing the Patent Application

The filing process involves submitting your patent application to the Directorate General of Intellectual Property (DGIP), which is the governing body for patents in Indonesia.

• Prepare the Application: Your application should contain:
  
  
  • A clear description of the invention (detailed and sufficient to allow someone skilled in the field to replicate it); 
     
  • Patent claims outlining the scope of the protection you are seeking; 
     
  • Abstract summarizing the invention; 
     
  • Drawings or diagrams that may be needed to understand the invention. 
     
• Submit the Application: The application can be filed online through the official website of the Indonesian Directorate General of Intellectual Property (DGIP). It is important to file the application in the official language (Indonesian); 
   
• Payment of Fees: Pay the required filing fee. The cost can vary depending on the type of patent and the number of claims. 
   

3. Formal Examination

Once the application is submitted, the DGIP checks whether the application meets the formal requirements.

• Completeness of Documents: Ensure that all required documents (description, claims, abstract, and drawings) are included;
   
• Payment Verification: Verify that the filing fee and other relevant fees have been properly paid.
   

If the application passes this formal examination, it moves on to the substantive examination stage.

4. Substantive Examination

This stage involves a thorough examination to assess whether the invention meets the criteria for patentability.

• Novelty Check: The invention is compared against existing patents (through databases or prior art searches) to check whether it is new; 
   
• Inventive Step (Non-Obviousness): The invention must not be obvious to someone with knowledge in the relevant field; 
   
• Industrial Applicability: The invention must be capable of being used in some kind of industry, whether that’s manufacturing, agriculture, etc; 
   
• Responding to Examiner’s Queries: If the patent office has any questions or concerns regarding the application, you may need to respond or provide additional information or clarification. 
   

If the application passes the substantive examination, it proceeds to the next stage. If not, the applicant may be asked to amend the application.

5. Publication of the Application

Once the substantive examination is completed and the application is deemed to meet all the requirements, the patent application is published.

• Publication in the Official Gazette: The application is published in the Indonesian Patent Gazette. This typically happens 18 months after the filing date, unless the applicant requests an earlier publication; 
   
• Opposition Period: After publication, there is a period during which third parties can file oppositions or objections if they believe the invention does not meet the criteria for patentability. 
   

6. Granting of the Patent

If no opposition is raised, or if the opposition is successfully overcome, the patent is granted.

• Grant of Patent Certificate: Once granted, the applicant receives a patent certificate, and the invention is protected under Indonesian law for up to 20 years from the filing date; 
   
• Publication of Grant: The granted patent is published in the official patent journal. This grants the patent holder exclusive rights to the invention in Indonesia. 
   

7. Post-Grant Requirements

After the patent is granted, there are ongoing responsibilities for the patent holder.

• Patent Maintenance Fees: Patent holders are required to pay maintenance fees annually to keep the patent in force. Failure to pay these fees can lead to the expiration of the patent; 
   
• Enforcement of Rights: The patent holder has the right to enforce their patent rights and take legal action against any infringement; 
   
• Optional International Protection: If the patent holder wishes to extend their protection beyond Indonesia, they may apply for international patents through the Patent Cooperation Treaty (PCT) or regional systems like the ASEAN Patent Examination Cooperation (ASPEC). 
   

8. Patent Opposition

• Third-party Objections: If another party believes that a patent should not be granted, they can file an opposition within a specific period after the publication of the application; 
   
• Procedure for Opposition: The opposition may include presenting prior art or arguing that the invention does not meet the necessary patentability criteria. The applicant must respond, and the patent office will decide whether to proceed with the grant. 
   

Summary of the Stages

1. Pre-filing stage: Patentability search and assessment; 
    
2. Filing the application: Submission of patent application documents; 
    
3. Formal examination: Verification of completeness of documents and payment; 
    
4. Substantive examination: Detailed examination of patentability criteria (novelty, inventive step, and industrial applicability); 
    
5. Publication of the application: Public disclosure and an opposition period; 
    
6. Granting of the patent: Issuance of a patent certificate; 
    
7. Post-grant requirements: Maintenance fees and enforcement of rights; 
    
8. Patent opposition: Third-party objections.

Each stage of the process involves rigorous scrutiny, and applicants should ensure they meet all legal and procedural requirements to secure patent protection in Indonesia.

This article is for informational purposes only and does not constitute legal advice. If you require legal assistance, please feel free to reach out to damar.dwipo@dlplawoffices.com