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You’re a business owner and/or inventor, ready to showcase your invention to the world, hoping that it will make a difference and benefit everyone around you, and you know it has the potential to generate some money. However, you are worried about someone else stealing your idea and profiting off of it.
You seek professional advice about this matter and are told that you should file for a Patent application. Nevertheless, you are unfamiliar with the procedure leading up to a Patent grant for your product.
Here are 10 questions that will give you a clear picture on filing a Patent in Indonesia.
1. When is the best time to file?
You will want to begin the process of filing your patent in Indonesia as soon as possible. Indonesia adheres to the “First to File” rule which means that the first person or business to file a patent gets to claim the intellectual property as theirs.
2. Can you describe your product in detail?
Part of the patent application process involves providing a comprehensive written description of what you’ve created and its functions. (Of course, as the inventor of this great idea, you probably know the inside out of the invention, but just in case – you may need to elaborate further in detail!)
3. Are you prepared for the rigors of the process?
Unfortunately, obtaining a patent in Indonesia isn’t as direct and simple as just informing about your invention, signing off a piece of paper and walking away with a patent in hand. It may be long-winded and time constraining.
Before you get too far into the process, you need to know what to expect. It may take a long time, it is often confusing, and it may end up costing you more money than you initially planned.
If you know the product you’ve created is worth the rigorous process of obtaining a patent in Indonesia, then you are ready for the next steps.
4. What are the three requirements for patents in Indonesia?
Before you are awarded a patent in Indonesia, the government agency in charge of handling intellectual property registrations, the Directorate General of Intellectual Property, will ensure that their three requirements have been met:
- Your idea or invention has to be new or novel. An invention is considered novel, if at the date of filing of the application, it is not similar to any technology that has previously been disclosed. (Wondering what constitutes being previously disclosed? If your invention was featured in an article, advertised, sold, or demonstrated in public, it will not receive a patent).
- The invention involves an inventive step. An invention is considered to involve an inventive step if it is not obvious to a person skilled in the art. It must be something that represents an improvement over an existing product or process that already exists.
It is industrially applicable. An invention is capable of industrial application if it can be implemented in the industry as described in the patent application. Keep in mind, your invention or idea will probably pass this requirement as it’s both applied loosely and the nature of an invention is to improve upon some product or process.
5. What inventions are not eligible for patents in Indonesia?
Some of the inventions that cannot be patented in Indonesia are:
- Products and processes which are contrary to law, religion, public order or morality.
- Methods of inspection, treatment, medication, and surgery applied to humans and/or animals.
- Theories and methods in the field of science and mathematics.
- Living creatures, except micro-organisms.
- Biological processes that are essential for the production of plants or animals, except microbiological processes.
- New use for known existing products or a new form of an existing compound that shows no increase in efficacy or change of chemical structure of the current compound.
6. Will I have to do a patent search?
Yes. It is essential to conduct a patent search prior to filing a patent in Indonesia in order to avoid any overlap of prior inventions which will negate the novelty of your invention.
The search process will present any prior inventions that have similarities with your invention, and provides you with the possibility of distinguishing your invention from the prior invention.
In some cases, you may wish to provide further improvements or enhancements to your invention which would potentially grant you a higher chance at fulfilling the novelty criteria.
7. Can I conduct my own patent search?
Technically, yes. But here’s why you shouldn’t.
A person who isn’t a professional may not be able to understand the results of the search, or they may not be able to conduct as thorough a search as is necessary.
It is important that you seek the help of a reputable IP firm to ensure you’re following all the necessary procedures and can afford you with the necessary advice to enhance your patent application in Indonesia in order for you to get approval of said Patent as quickly as possible.
8. How long does a patent application in Indonesia take before it is granted?
The patent application may take up to two to three years for Simple Patents or three to five years for Standard Patents.
9. How much does a patent in Indonesia cost?
The fee for filing a patent in Indonesia is from USD690 for Standard Patent, including both professional and official fees.
There are a variety of additional related fees that you may find here.
Keep in mind that you will also have to pay the professionals who help you with the process of obtaining a patent in Indonesia.
10. What should I consider before filing for a patent in Indonesia?
Now that you have a better idea of what’s involved in obtaining patents in Indonesia, there are a few serious things to think about before you jump into the process.
- Once all the fees and expenses have been totalled, it can be an expensive process.
- Two to five years is a long time to wait and you won’t be able to enforce your rights upon your invention while you wait.
- Make sure the result you could get is worth the cost and the amount of effort involved.
- Your patent could be rejected. If your patent application is not approved for some reason, you will lose the money you have invested up to that point. (The main reason patents usually get rejected is because they lack an innovation factor.)
- Holding a patent can give you a competitive advantage in the marketplace, especially when it comes to negotiation, marketing, and fund-raising.
- Under the new Patent Law introduced on 28 August 2016, a “Statement of Ownership” of an invention is now required to be submitted and signed by the applicant, when filing a patent application.
- A Standard Patent is granted for twenty (20) years from the filing date, whereas a Simple Patent lasts for ten (10) years from the filing date. Protection period for both Standard Patent and Simple Patent cannot be extended.
Get professional and expert help to file your patent in Indonesia
The 10 questions we’ve addressed have given you a lot to think about. And it is important for you to take the time to weigh the pros and cons before you get too deep into the process and lose valuable money and time.
Seek the services of a reputable IP firm like Pintas to help you through the patent process in Indonesia.
SOURCES:
https://www.southeastasia-iprhelpdesk.eu/sites/default/files/publications/Indonesia%20Fasctsheet.pdf
http://www.gbgindonesia.com/en/main/business_guide/2017/patents_in_indonesia_11738.php