Patents are essential in protecting inventions and promoting international business expansion. As Indonesia’s economy expands and its technology sector advances, there has been a marked increase in patent interest, with WIPO reports showing a rise in international patent filings.
Leading the legal landscape in this area is Am Badar & Am Badar, a top IP law firm in Indonesia. They specialize in guiding international clients through the complexities of Indonesian patent law requirements, ensuring robust protection for their innovations.
Before we delve further into this topic, take a look at Patent Licensing Strategies in Indonesia. You can also check the insight and services page, or contact the team.
Core Requirements for Patentability
The Indonesian Patent Law has one of the broadest standards regarding what can be patented across all countries. When you filing a patent application, regardless of whether it’s exclusive or non-exclusive, it’s crucial to bear in mind the patent law requirements, among others:
Novelty
Governed by Law No. 13 of 2016, the Indonesian patent system stipulates that an invention must meet certain core criteria to qualify for a patent. The first of these criteria is novelty.
An invention is considered novel if it has not been previously made public in any form before the patent application is filed. This means the invention should not have been disclosed through publications, presentations, or any other means that could be accessible to the public anywhere in the world.
Inventive Step
Next, an invention must demonstrate an inventive step, sometimes referred to as non-obviousness. This implies that your product or process should be an inventive resolution.
To satisfy this criterion, the invention must not be an obvious advancement to those with expertise in the relevant technological area. The determination of this patentability aspect is subjective and generally necessitates a comprehensive examination of the current state of technology to confirm that the invention significantly progresses the field.
Industrial Applicability
Under the patent law requirement, the criterion of industrial applicability requires that the invention be capable of being used or manufactured in any kind of industry. This applicability ensures that the invention has practical utility and is not merely a theoretical construct.
The definition of “industry” is broad, encompassing anything from traditional manufacturing processes to services, provided the invention can be reproduced with the same characteristics as many times as necessary.
Additional Considerations for International Applicants
Navigating the intricacies of Indonesian patent law can be a complex process, especially for international applicants unfamiliar with the local legal landscape.
Understanding and complying with specific patent law requirements is crucial to securing patent protection in Indonesia. Here, we highlight a few key aspects that are particularly relevant to international applicants.
Translation Requirements
One of the primary requirements for international patent applications in Indonesia is the translation of the application and all supporting documents into Indonesian. This is mandatory because the official language for legal documentation in Indonesia is Bahasa Indonesia.
Failure to provide accurate and complete translations can lead to misunderstandings or rejection of the patent application. Therefore, it is essential to work with skilled translators familiar with technical and legal terminology to ensure precision and compliance.
Priority Rights
International applicants should also be aware of how to claim priority from a previously filed patent application in another country.
This is based on the Paris Convention, which allows an applicant from a contracting state to claim priority in any other contracting state within 12 months of the first filing. Missing this deadline can mean losing the priority date, which could be detrimental if competing applications are filed.
Power of Attorney
Another critical requirement for international applicants is the appointment of a local patent agent or attorney who will represent them before the Indonesian Directorate General of Intellectual Property (DGIP).
The appointed agent handles all formal communications and submissions to the DGIP, ensuring that the application process adheres to local regulations. Without a properly appointed representative, the application process can face significant delays or outright dismissal.
Given the complex and nuanced nature of Indonesian patent law requirements, isn’t it prudent to seek the expertise of an experienced IP law firm? Engaging a firm like Am Badar & Am Badar, with our deep understanding and extensive experience, isn’t just advisable—it’s a strategic move.
The Indonesian Patent Filing Process: A Roadmap
Navigating through the Indonesian patent filing process involves several pivotal stages, each adhering to strict patent requirements.
- Preparation: The process begins with meticulously drafting application documents—description, claims, and drawings—ensuring not only clarity but also strict adherence to the Indonesian format.
- Filing: Subsequently, applicants submit their meticulously prepared application to the Directorate General of Intellectual Property (DGIP), accompanied by requisite fees.
- Examination (36 months): The DGIP meticulously examines the application against patent law requirements, assessing clarity, novelty, and compliance.
- Grant or Refusal: Following examination, the DGIP may grant the patent, contingent upon satisfaction of all criteria, or request amendments for further consideration.
- Post-Grant: Upon successful patent approval, applicants must maintain their rights through periodic renewal fees. Additionally, they must remain vigilant for potential infringement and take appropriate enforcement actions when necessary.
Collaborative Advantage with Am Badar & Am Badar
Partnering with Am Badar & Am Badar offers unparalleled benefits in navigating Indonesian patent law requirements, ensuring success for international clients.
- In-depth Knowledge and Expertise: With a profound understanding of Indonesian patent law intricacies, Am Badar & Am Badar ensures compliance with all legal nuances, safeguarding clients’ interests.
- Streamlined Communication: Bridging the language and cultural gap between international clients and the Directorate General of Intellectual Property (DGIP), Am Badar & Am Badar facilitates seamless communication, expediting processes.
- Strategic Guidance: Am Badar & Am Badar provides strategic guidance, crafting effective filing strategies aligned with clients’ international patent portfolios, maximizing success.
Am Badar & Am Badar has successfully handled patent grant processes for clients from major companies such as Crocs, Biofarma, and Baskin Robbins, ensuring protection for their inventions. With their expertise in Indonesian patent law, they ensure each patent application is handled meticulously and efficiently, guaranteeing success and legal security for their clients.
Let’s Collab with Us for Excellent Benefits
When it comes to navigating the complexities of Indonesian patent law requirements, partnering with a seasoned ally can make all the difference. At Am Badar & Am Badar, we offer a comprehensive suite of services tailored to the needs of international IP firms seeking to protect their clients’ innovations in Indonesia.
- Pre-filing Searches: Our team conducts tailored patentability searches for clear understanding of the Indonesian patent landscape, aiding informed decisions pre-application.
- Drafting and Filing: With deep expertise in Indonesian patent law, we excel in drafting and filing robust patent applications that meet all legal requirements, ensuring optimal protection.
- Representation: Throughout the examination process, our experienced patent attorneys provide dedicated representation before the DGIP, addressing concerns and navigating intricacies efficiently.
- Maintenance and Enforcement: We offer ongoing support for maintenance and enforcement of granted patents in Indonesia, including renewal fee payments and infringement actions.
- International Collaboration: Recognizing global patent needs, we collaborate with international IP firms, developing comprehensive filing strategies considering both Indonesian regulations and global patent requirements.
Rely on A Professional Law Firm to Meet Patent Law Requirements
Due to Indonesia’s positive strides toward patent law, numerous foreign investors are eager to invest in the country recently. Do you also want to get a patent and successfully enter the Indonesian market?
Contact Am Badar & Am Badar Attorneys today for personal assistance in your patent filing efforts in Indonesia. We provide patent services, copyright services, and a range of other extensive services related to intellectual property.
Explore our website for in-depth insights, such as Patent Registration in Indonesia: Global and Local Strategies, to enrich your understanding of Indonesia’s patent law requirements.
References
- https://www.prh.fi/en/patentit/theabcofpatenting/whatcanbepatented.html
- https://www.legalzoom.com/articles/what-are-the-different-types-of-patents
- https://www.wipo.int/wipolex/en/text/590868
Reviewed by Nabil Argya Yusuf
