CN 
EN 
In Indonesia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. 法规：
Law of the Republic of Indonesia Number 14 Year 2001 Regarding Patent.
2. 专利性标准：
An invention is patentable if:
novel
包含创造性步骤
可工业应用
不可专利的主题：
以下内容不可作为专利：
发现、科学理论和数学方法
植物或动物品种，或用于生产植物或动物的本质生物过程
schemes, rules or methods for doing business, performing mental acts, and
methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
3. Utility Innovations:
There are 2 kinds of patents in Indonesia, namely, Patent and Simple Patent (Utility Model). Simple Patent shall be granted for a period of (10) ten years commencing on the date of issuance of the Letter of Simple Patent.
4. 成员资格：
√ – 巴黎公约
√ – PCT
Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country.
Indonesia is also a member of the PCT since 1997. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Indonesia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. 优先权规则：
“First to File” is the rule followed by Indonesia in determining priority of patents
6. 有效期：
A registered patent is valid for a term of 20 years whereas that of a simple patent is for 10 years.
In Indonesia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. 法规：
Law of the Republic of Indonesia Number 14 Year 2001 Regarding Patent.
2. 专利性标准：
An invention is patentable if:
novel
包含创造性步骤
可工业应用
不可专利的主题：
以下内容不可作为专利：
发现、科学理论和数学方法
植物或动物品种，或用于生产植物或动物的本质生物过程
schemes, rules or methods for doing business, performing mental acts, and
methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
3. Utility Innovations:
There are 2 kinds of patents in Indonesia, namely, Patent and Simple Patent (Utility Model). Simple Patent shall be granted for a period of (10) ten years commencing on the date of issuance of the Letter of Simple Patent.
4. 成员资格：
√ – 巴黎公约
√ – PCT
Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country.
Indonesia is also a member of the PCT since 1997. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Indonesia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. 优先权规则：
“First to File” is the rule followed by Indonesia in determining priority of patents
6. 有效期：
A registered patent is valid for a term of 20 years whereas that of a simple patent is for 10 years.
1. Filing of Patent Application
Every applicant is required to submit an application within 12 months of priority date.
2. Publication
A patent application will be published within 18 months of the filing date.
3. Opposition
The publication is for a duration of 6 months during which oppositions are invited from interested parties. The statements of opposition and counter statement will be considered in the examination stage.
4. Substantive Examination
A request for examination has to be filed within 36 months after the filing date of the application else could result in automatic withdrawal of the application. Also a simple patent is examined only for novelty.
5. Registration
The patent office is obligated to grant or reject a patent within 36 months after the receipt of an examination date. On successful completion of formalities a patent certificate will be issued by the office and the invention will be listed in the general register of patent.
The following information and/or documents are required to file an application for a patent in Indonesia:-
直接国家申请：
1. Request for the grant of a patent:-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) 说明书，包括描述、权利要求和必要的图纸；
d) 基本申请的国家和提交详细信息（如果主张优先权）。
2. 专利代理人委托书
3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
1. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. PCT specification as originally filed;
4. International Preliminary Report on Patentability;
5. One copy of any amendments filed in the international phase (in or translated to English);
6. Power of Attorney
7. Filing of an assignment from inventor to applicant.
申请费用
项目 | 官方费用 (USD) | 专业费用 (USD) |
|---|---|---|
1. Filing an Application – Each additional claim over 10 claims – USD 26 – Preparing and Filing Formal Drawings per sheet – USD 26 | 75 | 595 |
2. Convention priority claim | – | 72 |
3. Request for Substantive Examination | 250 | 740 |
4. Grant Fee | 50 | 350 |
Translation and typing of patent specification fees per page – USD30
维持费用
项目 | 官方费用 (USD) | 专业费用 (USD) |
|---|---|---|
1st to 3rd year (each year) – Addition fee per claim (excess 10) | 95 10 | 284 3 |
4th to 5th year (each year) – Addition fee per claim (excess 10) | 125 15 | 284 5 |
6th year – Addition fee per claim (excess 10) | 188 20 | 284 6 |
7th to 8th year (each year) – Addition fee per claim (excess 10) | 250 30 | 284 9 |
9th year (each year) – Addition fee per claim (excess 10) | 315 38 | 290 12 |
10th year (each year) – Addition fee per claim (excess 10) | 440 38 | 327 12 |
11th to 20th year (each year) – Addition fee per claim (excess 10) | 625 38 | 448 12 |
基本要求
文档 | 备注 | 提交时间 |
|---|---|---|
Patent specification, claims and extract in English | translated into Indonesian Language. | 提交时 |
Drawings | (if any) | One month from application date |
Additional Requirement
文档 | 备注 | 提交时间 |
|---|---|---|
优先权文件 | With certified English translation | 16 month from priority date (non-extendable) |
授权委托书 | No legalization requirement | 1 month from application date |
Assignment of Invention (if the applicant is not the inventor) | No legalization requirement | 1 month from application date |
Additional Documents for Entry of PCT National Phase in Indonesia
文档 | 提交时间 |
|---|---|
Form PCT/IB/306 or Notarized copy of Certificated of Change | 2 month from application date |
PCT specification as originally files | 1 month from application date |
Form PCT/RO/101 | 1 month from application date |
Form PCT/IB/332 | 1 month from application date |
Form PCT/IPEA/401 | 1 month from application date |
Form PCT/IPEA/408 | 1 month from application date |
Form PCT/IPEA/416 | 1 month from application date |
Amendments file in the international phase | Between application until substantive examination request |
