Patent Search in Indonesia

Indonesia, the world’s largest archipelago and a rapidly growing economy, has been steadily building a strong framework for patent and trademark protection. Understanding the intricacies of patent protection in Indonesia is vital for businesses and inventors seeking to secure their valuable assets in this dynamic market. This article will take you on an enthralling journey through the complexities of conducting a patent search in Indonesia, exploring the latest developments in the legal landscape, IP policy, and strategies for success. With engaging storytelling and a captivating narrative, we will provide you with the insights and tools needed to navigate the nuances of patent protection in the Emerald City of the Equator.

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Recent Development

The Directorate General of Intellectual Property (DGIP) has been actively working towards enhancing its patent and trademark framework, fostering a more efficient and transparent IP ecosystem. A significant recent development is Indonesia’s integration into the ASEAN Patent Examination Co-operation (ASPEC) program, which facilitates the sharing of search and examination results among participating ASEAN member states. This development signifies Indonesia’s commitment to regional collaboration and streamlining the patent examination process, further consolidating its position in the global IP landscape.

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Indonesian Intellectual Property Office

In Indonesia, the Patent Office (Direktorat Jenderal Kekayaan Intelektual, “Directorate General of Intellectual Property”) supervises intellectual property rights (HKI). A public agency has been in charge of this task since Dutch colonial times.

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The Patent Search Process

Conducting a patent search in Indonesia requires a thorough understanding of the country’s unique legal framework and the effective use of its patent databases. The DGIP provides online access to its comprehensive databases, which include patents, industrial designs, and trademarks. However, navigating these databases and interpreting the search results can be challenging for those unfamiliar with the Indonesian IP landscape and the relevant legal provisions.

To tackle these challenges, it is crucial to engage the services of a local patent attorney or a professional patent search firm with in-depth knowledge of the Indonesian IP system. These experts can guide you through the process, ensuring that your search is thorough and tailored to your specific requirements.

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Indonesian trademark office search

Indonesia is a “first-to-file” jurisdiction, therefore, to secure trademark rights there, the trademark must be registered. However, in exceptional circumstances, a well-known trademark may be protected even if the appropriate paperwork has not yet been submitted.

Applications for trademarks have to be submitted to the Directorate General of Intellectual Property (DGIP) inside the Ministry of Law and Human Rights.

To file or register a trademark, the mark does not necessarily need to be currently in use. On the other hand, it has to be used within the first three (3) years after the date that the mark was registered, or else the trademark office will be entitled to cancel the registration because the mark has not been used and expunge it from the register. 

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A Successful IP Strategy in Indonesia

Developing a successful IP strategy in Indonesia requires a deep understanding of the local market, regulations, and enforcement mechanisms. This includes staying informed about the latest legal developments, such as Indonesia’s integration into the ASPEC program. Furthermore, building strong relationships with local partners and leveraging their expertise can be invaluable in navigating the complex Indonesian IP landscape.

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Indonesian patent filing deadline

Priority claims must be made within 12 months. A fee and proof of the reason for missing the deadline can recover the priority right within three months.

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Indonesian filing minimums

Indonesian patent applications must include a scanned copy of the signed power of attorney, inventor and applicant information, and an English specification with the invention’s title, claims, description, abstract, and drawings, if any.

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Indonesian patent language

Apply in Indonesian. However, within one month of patent filing, English patent claims and descriptions can be translated into Indonesian.

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Powers of Attorney

The application must include a scanned copy of the simply signed Power of Attorney. No notarization or legalization is needed. 

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Priority file

Within 16 months of priority, submit a colored scanned copy of the certified Priority Document. The front page of the priority document must be translated into English.

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Assignment Deed

The applicant must include a scanned copy of the signed Assignment Deed if they are not the inventor. The Assignment Deed can be submitted with the application or within three months.

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Examination request

The substantial examination must be requested within 36 months of filing. Requesting ASPEC member-country search and examination results can speed up the examination process. 

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Novelty grace period

Indonesian patents have a six-month novelty grace period before filing or priority.

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Grant and upkeep

The formal grant fee must be paid within one month of the allowance notice. Indonesian patents last 20 years. The first year’s maintenance charge is due after the patent is granted. Annuities due before the grant must be paid within six months of the Notice of Allowance, plus the yearly charge for the following year. Annual fees should be paid one month before the filing date. Within seven days of the due date, an applicant can request a 12-month maintenance fee extension. The grace period surcharges 100% for late annuity payments. If maintenance payments are not paid within 12 months, the patent will be abandoned. A Commercial Court petition can revive the patent.

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In Conclusion

Patent search in Indonesia presents a unique set of opportunities and challenges for patent and trademark attorneys. By staying up-to-date on the latest legal developments and adopting a strategic approach, you can effectively navigate the complexities of Indonesian intellectual property protection, securing your valuable assets in this dynamic and growing market. With an engaging narrative and expert insights, this article equips you with the knowledge and tools necessary for success in the realm of Indonesian patents and trademarks. 

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Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.

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