Indonesia - Patent

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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. Legislations:
Law of the Republic of Indonesia Number 14 Year 2001 Regarding Patent. 

2. Patentability Criteria:
An invention is patentable if:

  •  novel

  •  it involves an inventive step

  •  it is industrially applicable

Non-Patentable Subject Matter: 
An invention is not patentable if it contains the following:

  •  discoveries, scientific theories and mathematical methods,

  •  plant or animal varieties or essentially biological processes for the production of plant or animals,

  •  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. Membership:
√ – Paris Convention
√ – 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. Rule of Priority:
“First to File” is the rule followed by Indonesia in determining priority of patents 

6. Duration:
A registered patent is valid for a term of 20 years whereas that of a simple patent is for 10 years.

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