Lost in Translation – The Ultimate Guide to Submit Patent Translation Documents in Indonesia
As Indonesia has become a more popular Patent filing destination in recent years, more and more international applicants have filed Patent applications in the country by relying on their Priority Applications at their country of origin or using the PCT method. However, the Patent description, claims, figures, and abstract are likely submitted in other languages first before being translated into the Indonesian language (Bahasa Indonesia).
Legal Basis of Submitting the Indonesian Translation before the Patent Office
Unlike in other jurisdictions in the world where Patent descriptions, claims, figures, and abstracts can be filed in English, Article 34 of the Law No. 13 Year 2016 on Patents requires the description to be translated into the Indonesian language no later than 30 working days from the Filing Date of the Patent application.
The Regulation of the Ministry of Law and Human Rights No. 38 Year 2018 on Patent Applications also reinforces the requirement stipulated by the Patent Law.
On the practical side of view, the examiners must receive the Indonesian translation of the aforementioned documents so that they can efficiently examine the applications in a timely manner.
Consequence of Late Submission of the Translation
In the event the Applicant fails to submit the translation within the prescribed time limit, then the Patent application will be deemed as withdrawn.
Typical Translation Issues in Indonesia
Based on our experience, there have been some cases where the examiners disagree on certain technical terms used in the description, claims, figures, and abstract. This is quite common and usually, the applicant has the option either to conform or challenge the use of such term, provided the argument can be backed up scientifically as well.
Furthermore, there have been cases in Indonesia where the translation is not done properly (i.e. poor machine translation). It is best to always use experienced Patent translators with the capabilities to use CAT (Computer Assisted Translation) tools. Given the complexity and importance of Patent applications and translations, many applicants seek professional assistance from experienced Patent Attorneys in Indonesia. These professionals can guide you through the entire process, including translation, to ensure compliance with local regulations.
Cost Considerations
Translation services can incur costs, so budgeting for this expense is essential when preparing your patent application in Indonesia. The quality and accuracy of the translation are worth the investment to protect your Intellectual Property effectively.
Submitting Indonesian patent translation specifications, claims, and figures is a meticulous process that requires attention to detail and adherence to legal requirements. It’s a critical step in protecting your intellectual property in the Indonesian market and ensuring your patent application is complete and valid.
Should you have any questions about submitting Patent in Indonesia, please do not hesitate to contact us at [email protected].
