23 October 2013
In accordance with Indonesian Patent Law 14 of 2001, Article 54, the Directorate General must approve or refuse an application for a patent, at the latest 36 months from the date of receipt of the request for substantive examination and at the latest 24 months from the filing date for a simple patent.
In practice it usually takes longer than that for a patent application get a decision. It depends on the backlog at the Patent Office and how complicated the claims of the application are. In order to expedite the examination period based on article 28 of Indonesian Patent Law, the applicant may provide the Patent Office with correspondence between the examiner and the applicant in respect of the examination of the initial application or other patent document, if the initial application or the other corresponding application filed in another country has been granted.
In line with the aim of accelerating substantive examination, the Directorate General has ratified the ASEAN Patent Examination Cooperation (ASPEC) programme and signed a joint statement of intent with the Japan Patent Office to commence a pilot programme for a patent prosecution highway (PPH).
The programme provides for the sharing of search and examination results among the participating IP offices, and allows patent examiners to develop their search more quickly, understand the claims of invention easily and reduce searching and examination time.
The applicant has to file a request for either ASPEC or the PPH programme on the same day as the filing of the request for substantive examination with the Indonesian Patent Office.
Am Badar & Partners
JL Wahid Hasyim No 14, Jakarta 10340, Indonesia
Tel: +62 21 398 37314 or +62 21 398 37315
Written by :
Puti Indriasari, S.E
Head of Strategic Management Am Badar & Partners
Keyword : Patent Examination in Indonesia, Indonesian Patent Law, accelerating substantive examination in Indonesia, search and examination of Patent in Indonesia, patent examiners in Indonesia,
Source : http://www.managingip.com/IssueArticle/3270283/Archive/Indonesia-New-ways-to-speed-up-patent-examination.html