Patents Laws in Indonesia
Patent laws in Indonesia are governed by the Patent Law No. 13 of 2016, which replaced the earlier Patent Law No. 14 of 2001. The law is administered by the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights.
Here’s a summary of key aspects of patent laws in Indonesia:
1. Types of Patents
Indonesia recognizes two main types of patents:
Patents: Granted for new inventions that involve an inventive step and are industrially applicable.
Simple Patents (Utility Models): Granted for new inventions with practical use, but without the inventive step requirement. Suitable for minor improvements.
2. Patentability Criteria
An invention must be:
Novel: Not disclosed anywhere in the world before the filing date.
Inventive: Not obvious to someone skilled in the field.
Industrially Applicable: Can be applied in industry.
Excluded from patentability:
Scientific theories or mathematical methods
Discoveries of natural substances
Schemes, rules, or methods for mental acts or doing business
Surgical or therapeutic methods for human or animal treatment
Computer programs (unless they produce a technical effect)
3. Patent Duration
Standard Patent: 20 years from the filing date, non-renewable.
Simple Patent: 10 years from the filing date, also non-renewable.
4. Patent Application Process
Filed with the Directorate General of Intellectual Property (DGIP)
Must include a description, claims, abstract, and drawings (if any)
Applications are published 18 months after the filing date
Substantive examination must be requested within 36 months (for patents) and 6 months (for simple patents)
5. Foreign Applicants
Foreign individuals or companies must apply through a registered patent agent in Indonesia. They can claim priority under the Paris Convention if filed within 12 months of the first application in another member country.
6. Patent Enforcement
Patent holders have the right to:
Prevent others from making, using, selling, or importing the patented product or process
License or assign their patent
Sue infringers for damages or injunctive relief
7. Compulsory Licensing
The government may grant compulsory licenses in cases such as:
Patents not being used within 36 months
Public interest, national security, or health emergencies
8. Patent Annuities
Maintenance fees (annuities) must be paid annually to keep the patent in force. Non-payment results in the patent lapsing.
International Treaties
Indonesia is a member of:
WIPO (World Intellectual Property Organization)
Paris Convention
Patent Cooperation Treaty (PCT) – since 2006, allowing international patent applications designating Indonesia.
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