PATENT TIPS – How To File A Patent Application in Indonesia?

W. Yogi  Widodo

Is it difficult to file a patent application in Indonesia? No, it is not! It is as easy as 1-2-3, as you will see below:

Step 1:

Send copies of the description, abstract, claims and drawings of the invention to your patent attorney along with the original executed supporting documents, namely:

• Power of Attorney, executed by the applicant(s); and
• Assignment of Invention, executed by the inventor(s).

Please note that the above supporting documents do not need to be legalized and/or notarized.

If the patent application was filed claiming the Priority Right in the country of origin, please also send the Priority Document to your patent attorney. Remember that the patent application must be filed not later than 12 months as from the Filing Date.

Step 2:

Your patent attorney will need to translate the description, abstract, claims and drawings into Indonesian language. It is essential that they are properly translated.

Step 3:

Your patent attorney will fill in and then execute the application form. Once the translations of the description, abstract, claims and drawings have been completed and the original supporting documents have been provided, the patent application is ready to be filed at the Indonesian Patent Office.

The filing procedure has been simplified recently in order to more easily allow foreigners to file their patents applications in Indonesia, since the Patent Office has released a Notification Letter notifying that certain documents do not need to be submitted as part of a foreign patent application utilizing the Patent Cooperation Treaty (PCT). These documents will be sent directly by the World Intellectual Property Organization (WIPO) to the Patent Office.

The relevant documents are:

1. The International Search Report (ISR) form
2. International Preliminary Examination Report (IPER) form
3. Copy of the International Application as originally filed
4. Copy of International Search Report and English Translation
5. Copy of any Amendments to the Claims under Article 19
6. Copy of Priority Documents, and
7. Any other document related to the International Phase.

Because these documents will no longer need to be submitted, it is anticipated that the patent application submission process for individuals and organizations will be simplified while ensuring that the relevant patent offices are not inundated with unnecessary paperwork related to an application.