The Indonesian patent scene has undergone various changes throughout the years but the very basic concept still remains – that it is an immaterial right that deserves to be protected by law. On the surface level, the Indonesian Civil Code guarantees the protection of all goods and rights which belong to a person. Specifically, Article 499 of the Indonesian Civil Code states that “the law interprets as assets all goods and rights which can be the subject of property.”
As the lex specialis goes, Indonesia currently adopts Law No. 13 Year 2016 on Patents (hereinafter is referred to as “the Indonesian Patent Law“) which is the pillar of patent protection in Indonesia. Article 1 point 1 of the Indonesian Patent Law stipulates that a patent is an exclusive right granted by the state to an inventor for the invention in the field of technology for a certain time period to exclusively use the invention or to grant the rights to other parties to use it.
By law, there are 2 kinds of patents in Indonesia, namely Patents and Simple Patents – both of them can cover products and processes.
A Patent is valid for 20 years from the date of filing in Indonesia. To be registered in Indonesia, it has to meet 3 prerequisites, namely:
*Novelty
*Inventive Steps
*Industrial Application
It may take approximately 4 to 5 years from filing to registration, depending on the subject matter of the patent application.
Whereas a simple patent is valid for 10 years from the date of filing in Indonesia. To be registered in Indonesia, it only has to meet 2 prerequisites, namely:
*Novelty
*Industrial Application
It may take approximately 2 to 3 years from filing to registration, depending on the subject matter of the patent application.
If you have any questions about patent in Indonesia, please contact us at [email protected].
