PRACTICE AREAS
PATENT
Flow Chart of Patent Granting Procedure based on the Indonesian Patent Law No. 14 of 2001
PATENTABLE INVENTION
- As to patent application, any products, processes, improvements and developments of products or processes can be applied for patents
- As to simple patent application, only products and mechanical devices can be applied for patents. Processes, uses, compositions and products characterized solely by their process cannot be applied for a patent.
UNPATENTABLE INVENTION
- Processes or products the publications and exploitation of which would be contrary to the prevailing rules and regulations, religious morality, public order or ethics
- Methods for examination, treatment, medication, and/or surgery practised on the human and animal
- Scientific theories and mathematical methods
- Living creatures, except for micro-organisms
- Essentially biological processes for the production of plants or animals other than non-biological process or microbiological process
- Creations and methods for performing mental acts, playing games and doing business
- Rules and methods relating to computer programs
- Presentations of information.
DURATION OF PATENT
- 20 years for inventions filed as patent applications from the filing date
- 10 years for inventions filed as simple patent applications from the filing date
DOCUMENTS REQUIRED FOR FILING A PATENT APPLICATION
DOCUMENTS REQUIRED FOR FILING A PCT APPLICATION ENTERING THE NATIONAL PHASE UNDER CHAPTER I & II
The time limit for entry into the National Phase in Indonesia is as follows:
- 31 months from the priority date [under PCT Article 22]
- 31 months from the priority date [under PCT Article 39 (1)]