Filing a Trademark in Indonesia can be tricky, but it also comes down to the preparation and research you do beforehand and manage your expectations. Please make sure you watch our guide on the following link before you file your Trademark in Indonesia: #trademarklaw #Merek #Trademark #KekayaanIntelektual #KI #IP #DGIP #bisnisindonesia #intellectualproperty #indonesia
The Directorate General of Intellectual Property of the Republic of Indonesia under the Ministry of Law and Human Rights of the Republic of Indonesia (hereinafter referred to as “DGIP”) has established various procedures under which the examination of a patent application may be accelerated. Under these procedures, DGIP will advance an application out of turn for faster examination if the applicant files the following special requests through the ASPEC program, Indonesia-Japan PPH program, or simply by providing the examiner in charge the granted corresponding claims from other Patent Offices, such as the USPTO, JPO, EPO, and others. We herewith summarize the options that may suit your need, depending on where you file your patent applications in other jurisdictions: 1. ASPEC The ASEAN Patent Examination Co-operation ( hereinafter referred to as “ASPEC”) was launched on 15 June 2009 and it is the first regional patent work-sharing program which involves nine participating ASEAN Member States (AMS) IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Viet Nam. The program aims to accelerate the patent examination process by encouraging each of the participating Patent Offices to share search and examination results to allow applicants in the participating countries to obtain corresponding patents faster and more efficiently. Since ASPEC aims to reduce duplication on the search and examination work done, it is hoped that the search and examination work done on a corresponding application can be used as a useful reference in producing high-quality examination reports. Hence, if you can obtain the examination result from other countries in the participating Patent Offices, then the examination results or reports can be used as the basis of examination acceleration, as long as the corresponding claims are the same. When requesting ASPEC, the patent applicant is required to submit an ASPEC Request Form in the second Patent Office. The ASPEC Request Form shall be accompanied by the following documents: 1. a copy of the Search and Examination (S&E) report or the Examination report (“minimum documents”) of a corresponding application from the first IP Office; and 2. a copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. For PCT ASPEC request, the patent applicant is required to indicate that the request is for PCT ASPEC in the ASPEC form. The completed ASPEC request form shall be submitted together with the following documents: 1. a copy of the written opinion/international preliminary examination report (“WO/ISA, WO/IPEA or IPER”) established by an ASEAN International Searching Authority/International Preliminary Examining Authority (ASEAN ISA/IPEA) (“minimum documents”) relating to a corresponding application from the first IP Office; and 2. a copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. Please be mindful that the request to utilize ASPEC can only be done after the application has finished the publication stage. Based on our experience, the time it takes from filing the ASPEC request until the issuance of the decision to grant will not be more than 12 months – a great improvement in lead or pendency times compared to the processing time for non-ASPEC (or PPH) patent applications in Indonesia. 2. Japan-Indonesia Patent Prosecution Highway (Indonesia-Japan PPH) The Japan Patent Office (hereinafter referred to as the “JPO”) and the DGIP have initiated a Patent Prosecution Highway Program (hereinafter referred to as the “PPH”) back on June 1, 2013, and since then, the PPH has been chosen by many applicants who have previously filed their base applications in Japan as the method of accelerating the patent applications in Indonesia. The PPH request can be filed at any time as long as it is before the deadline to request the substantive examination stage. Please also be mindful that there will be an official fee of Rp 5.000.000,00 incurred for requesting the PPH acceleration program. When it comes to the requirements, the DGIP will require the applicant to provide the following documents in order to start the accelerate examination process: All formality documents required to file the application have been submitted and the DGIP will issue the notice of formality documents completion, which should also be provided by the applicant; Proof of payment to file a substantive examination request; The application should have passed the Publication of Period of 6 months; PPH Form (filled in); Corresponding claims which should be equivalent or less compared to the claims granted by the JPO; OEE ad OLE examination results; and OEE/OLE in English and/or in Bahasa Indonesia. Based on our experience, the time it takes from filing the ASPEC request until the issuance of the decision to grant will not be more than 7 to 12 months – a great improvement in lead or pendency times compared to the processing time for non-ASPEC (or PPH) patent applications in Indonesia. 3. Providing Corresponding Registered Claims In case none of the options above apply to you, you mal also provide the examiners at the DGIP with the corresponding granted claims from other well-established Patent Offices, such as the USPTO, UKIP, EP, AUIPO, SIPO, JPO, etc. The provision of the corresponding granted claims from the aforementioned Patent Offices will make it easier for the examiners at the DGIP to expedite the examination. Please note that the documents should be provided with equivalent English translation. For any questions related to patent application in Indonesia, please do not hesitate to contact us at [email protected].
AFFA Intellectual Property Rights – Indonesia & Timor Leste presents: AFFA IP Eduction: Episode 1 – Hal-hal yang harus diperhatikan sebelum mengajukan permohonan pendaftaran merek di Indonesia. Please see our video on the following link on Youtube – https://www.youtube.com/watch?v=pNjgpfWKYc8 We will be uploading more contents about Intellectual Property in Indonesia. Please subscribe and stay tuned! #trademarklaw #Merek #Trademark #KekayaanIntelektual #KI #IP
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].
The Indonesian Intellectual Property Office will remain closed until June 4, 2020 due to the spread of the Coronavirus which has not been fully contained. Nevertheless, all online-based services are working and the closure only affects the services that are normally done face to face. The online services have also been extended for Indonesian patent annuity payment which (finally) can be done online! This proves to be a much-anticipated and appreciated gesture by the Directorate General of Intellectual Property of the Republic of Indonesia since the payment of patent annuity was not possible since the closure started in March. If you have any questions, please do not hesitate to contact us at [email protected].
The Indonesian Intellectual Property Office will remain closed until May 29, 2020 due to the spread of the Coronavirus which has not been fully contained. As previously predicted by top health officials in the country, we are expecting to see the peak of the spread by the end of May or June. Therefore, it is very likely that the closure of the Indonesian Intellectual Property Office will be extended. Nevertheless, all online-based services are working and the closure only affects the services that are normally done face to face. If you have any questions, please do not hesitate to contact us at [email protected].
Since the start of the Covid-19 Pandemic, the Indonesian Intellectual Property Office has taken appropriate measure to curb the spread of the virus by ceasing all face to face services since March 23, 2020 until May 13, 2020. However, there is a high likelihood that the face to face services will remain postponed after May 13, 2020 since there is little evidence which suggests that the spread of the virus has slowed down in Indonesia. However, worry not – since 2017 most of the Intellectual Property related services (i.e. new filings, renewals, filing oppositions, responding to office actions, etc) can be filed online. The availability of the online services have, in a way, prepped us for the pandemic since there are only minor disruptions that we have experienced in the past 2 months (i.e. not being able to pay the patent annual maintenance fees is the only problem that we have for now). Therefore, it is business as usual! Apart from the general prosecution, the Indonesian Intellectual Property Office has also made it possible for the right holders to report Intellectual Property related infringements online, which can be done at pengaduan.dgip.go.id. The right holders can also check the latest status of the actions that have been taken by the Indonesian Intellectual Property Office Once the complaint has been lodged. Should you have any questions, please let us know at [email protected].
Dear friends and colleagues, It is with great sadness that AFFA Intellectual Property Rights announces the passing of Achmad Fatchy, our founder, leader, father, after a brief illness, on Tuesday, April 7, 2020, at the age of 55 years. Pak Fatchy – as we called him – will be lovingly remembered by his team at the firm as well as by his families, colleagues, clients, and by his close friends in the IP world. Mr. Fatchy established AFFA Intellectual Property Rights in 1999 and he has then successfully developed the firm to its current state. In the last 21 years of his sacrifices for the firm, AFFA Intellectual Property Rights has experienced tremendous growth under his leadership. His calm yet professional demeanor, impeccable business acumen, as well as his kindness to everyone he met will be missed forever. He has left us with a legacy to carry on, and we will make sure to keep providing you, our valued friends and clients, with the best IP services because he would have not wanted it any other way. Rest in peace, Pak Fatchy, We will miss you, always.
Dear friends and colleagues, We hope you and your family are doing well. Due to the spread of COVID-19 in Jakarta, Indonesia, the Indonesian IP Office has suspended all physical services until the end of March. All deadlines in March have also been postponed until March 31st, 2020. However, depending on the situation, the Indonesian IP Office closure and the deadline may be extended until further notice. However, all E-Filing services are still in operation and we therefore still can file new applications/renewals if required. All of our staff members are currently working from home until the situation gets better. We nevertheless will respond to your queries as soon as possible. The decision had to be taken since the safety and wellbeing of all of our staff members are of paramount importance. Thank you for your kind attention and we remain at your services for Indonesia, Timor Leste, and Papua New Guinea IP matters. Best regards, Emirsyah Dinar/Achmad Fatchy
The protection of Trade Secrets in Indonesia is regulated under Law No. 30 Year 2000 on Trade Secret (“Trade Secret Law”). By definition, a Trade Secret is information that is unknown to the public in the field of technology and/or business. The information should also posses economic value due to its use in trade, and the secrecy should be kept by the owner. According to Article 2 of the Trade Secret Law, the following points qualify to be considered as Trade Secrets: Production method Processing method Sales method Other information in the field of technology or business Have economic value Unknown to public Should you require further information on how to protect your trade secret in Indonesia, please do not hesitate to contact us at [email protected].