5 Stages of Patent Registration Process in Indonesia

Five stages must be completed to register a Patent in Indonesia. These stages apply to both Patents and Utility Models, but there are significant differences in processing time. A Utility Model can be completed in less than a year, whereas a Patent typically takes more than two years.

 

What are the differences, and what documents need to be prepared? This article provides a detailed breakdown.

 

Difference Between a Patent and a Utility Model

Before proceeding, it is important to distinguish between Patents and Utility Models:

• Patent: A new invention that involves an inventive step and is industrially applicable.
• Utility Model: A new invention that develops an existing product or process and is industrially applicable.

 

The key distinguishing factor between the two is the “inventive step.” This refers to an unexpected or non-obvious aspect of the invention, even for a person skilled in the relevant technical field.

 

Required Documents for Patent or Utility Model Registration

 

Once you determine whether your invention falls under a Patent or a Utility Model, you need to prepare the following documents:

 

1. Patent Description Document (Description, Claims, Abstract, and Drawings) in PDF format, following the applicable regulations.
2. Deed of Assignment from the Inventor to the Applicant, which includes:
   • Name and Address of the Applicant
   • Name and Address of the Inventor
   • Title of the Invention
   • Signatures of all Inventors
   • Duty Stamped
3. Statement of Invention Ownership by the Inventor, signed by all inventors and stamped, except for Patent Applications filed through the PCT.
4. Institution Establishment Document (if applicable).
5. Payment of Application Fees.

 

5 Stages of the Patent Registration Process

	Stage	Patent	Utility Model
1	Application (Formal Examination)	0-6 months	0-28 days
2	Waiting Period*	6-18 months	14 days
3	Publication	6 months	14 days
4	Substantive Examination	Max. 30 months	Max. 6 months
5	Certificate Issuance	2-3 months	1-2 months

 

*) The Waiting Period is the time allotted for making changes or corrections to the application before it is published to the public. For example, if there are errors such as the following, your application may fail the Formal Examination:

1. Inconsistent title between the Invention Title, Description Title, Abstract Title, and the title stated in the Deed of Assignment and Ownership Statement.
2. Incorrect description format that does not comply with the required standards.
3. All inventors have not signed and stamped the Ownership Statement and/or Deed of Assignment.
4. Failure or delay in paying the Substantive Examination fee.

 

Failure to address these deficiencies will result in the Patent application being considered withdrawn. However, if you require faster publication for any reason, you may request an accelerated publication, which is subject to an additional fee.

 

The Patent Description is also a crucial factor in ensuring the completeness of a Patent application. We will discuss the proper format and preparation in our next article.

 

You might also want to read:

Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period

Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].