Patent is a form of intellectual property rights that protects technological inventions that offer solution to certain technical problems. Patentable subject matter can be in the form of products (tool, device, compound, formula, etc.) or process (methods, steps, procedures, etc.).
Patent is regarded as the strictest as well as strongest form of intellectual property. Any invention applied for patent protection must pass the substantive requirements of novelty, inventive steps and industrial applicability. While the protection applies nationally, threshold for the substantive requirements is universal. Once granted, the patentee shall have exclusive rights to utilize the patented invention for a certain period of time, before the protection expires and the invention goes to public domain. Patent protection is territorial-based, valid and enforceable only within the jurisdiction of the country/authority in which the patent is granted. National patent protection system in Indonesia was first established under the Patent Law of 1989. Currently the patent law in force is the Law no. 14 of 2001, although a plan for another amendment is still under discussion. Under Indonesian Patent system, patent does not protect aesthetic creation, schemes, rules and methods to conduct mental activities, games or business, rules and methods related to computer programs, and presentation of any particular information. Additionally, inventions that would conflict with public orders; methods of treatment/ medication/surgery for humans and/or animals; scientific and mathematic theories and methods; living organisms; and essential biological process to produce plants or animals, are not patentable.
PATENT APPLICATION must be filed to the Indonesian Patent Office in order to obtain patent protection. Application claiming priority under Paris Convention must be filed within 12 months from the Priority Date. PCT NATIONAL PHASE ENTRY must be filed within 31 months from the Priority Date, both for Chapter I and Chapter II. Foreign-based applicants must file Indonesian Patent Application through local registered IPR Consultant. At the initial phase, all Indonesian patent applications must pass formality examination that may last up to six months from the initial filing.
PUBLICATION of Indonesian Patent Application shall be conducted by the IP Office after the application passes the formality examination stage, but not earlier than 18 months from the Filing Date. Publication stage shall last for 6 months. Objection filed by third parties during the publication stage will be taken for consideration at the subsequent Substantive Examination stage.
SUBSTANTIVE EXAMINATION must be actively requested no later than 36 months from the Filing Date, and shall be concluded within 36 months from the date of request.
APPEAL can be requested by the applicant to the Board of Patent Appeal in case of patent rejection. Appeal proceedings may go through to Commercial Court up to the final appeal chance at the Supreme Court.
PROTECTION PERIOD is 20 years from Filing Date; for Utility Model is 10 years from Filing Date; no extension.
ANNUAL MAINTENANCE FEE must be paid by the patentee every year, while ACCUMULATED ANNUITIES from the filing year to the granting year are payable upon issuance of the LETTERS PATENT
INVALIDATION/CANCELLATION of an Indonesian Patent would be resulted upon request from the patentee; upon failure to pay annuities for three consecutive years; or successful lawsuit filed by other partyÂ for not meeting the patentability requirements.
INDONESIAN PATENT might be subject to LICENSING; COMPULSORY LICENSING, or PATENT IMPLEMENTATION BY THE GOVERNMENT.
PATENT DISPUTES, particularly in case of alleged infringement, can be settled either through civil lawsuit, criminal proceeding, or both simultaneously.