Expediting Your Patent Application in Indonesia: The DGIP–JPO Patent Prosecution Highway

Intellectual Property, Patent

In the race for innovation, speed is everything. According to statistical data published by the Japan Patent Office (JPO), among the ASEAN6 Patent Offices (the six ASEAN countries with the highest Patent rankings), the Directorate General of Intellectual Property of Indonesia (DGIP) is recorded as the office with the shortest total pendency—meaning the duration from filing to grant—at only around 3.4 years. In contrast, other ASEAN Patent Offices generally remain in the range of 4.5 to 7 years. This figure aligns with Indonesia’s ongoing efforts to accelerate examination, including through the utilization of the Patent Prosecution Highway (PPH) scheme.   What is even more interesting is that, as the only office implementing PPH with all ASEAN6 Patent Offices, the JPO serves as a strategic gateway for Applicants seeking protection across the ASEAN region. The JPO reports the following statistics: The time to obtain a patent grant in Japan through the fast-track route can be achieved in approximately 4.9 months; and Patent grants in ASEAN Offices through the PPH scheme can be achieved in around 1 year, with grant rates exceeding 90%.     In addition to illustrating examination performance, JPO’s data also shows that the PPH route with DGIP as the Office of Later Examination (OLE) has been actively utilized by international Applicants. Since the program’s initiation in 2013, the number of PPH requests designating DGIP as the OLE has consistently remained in the hundreds per year, reaching a peak in 2019. Although the numbers later declined, they have re-emerged significantly in 2024. This indicates that the DGIP–JPO PPH scheme is not merely a procedural option on paper, but a pathway genuinely used by global businesses when entering the Indonesian and ASEAN markets.   Given this background and the fact that DGIP records the fastest total pendency among the ASEAN6, Applicants can structure the following two-step strategy: Designate Japan as the primary examination hub, either as the first filing country or as the International Searching Authority (ISA/JP) under the Patent Cooperation Treaty (PCT); and Utilize the PPH scheme for accelerated access to ASEAN, with Indonesia as a key destination given its comparatively shorter time to grant.   This combination creates a highly compelling narrative for businesses and technology owners. The JPO provides fast and high-quality examination at the “upstream” stage, while DGIP offers one of the fastest routes to grant in the “downstream” ASEAN region. For companies that view ASEAN as a growth market, this combination can significantly reduce risks and shorten timelines in the patent application process.   Number of PPH requests with DGIP as the Office of Later Examination (OLE) per PPH application year. Source: Japan Patent Office (JPO), “PPH Statistics.”   How Does the DGIP–JPO PPH Actually Work?   In simple terms, the PPH is a cooperative framework between Patent Offices that allows one Office to rely on the search and examination results produced by another. In essence, patent examination under the PPH can be accelerated at DGIP by leveraging the examination work products issued by the JPO.   Institutionally, the DGIP–JPO PPH scheme did not emerge overnight. The trial phase of the DGIP–JPO PPH program was first launched in 2013 as an effort to test the use of JPO examination results to expedite the process in Indonesia. As utilization increased and positive responses were received from Applicants, the cooperation was extended multiple times. Under the latest agreement, the DGIP–JPO PPH program has been renewed once again and will continue until 2026. These periodic extensions indicate that the PPH is considered successful by both Offices—reducing examination burdens on one side while providing a stable acceleration route for Applicants on the other.   According to DGIP’s official guidelines, the DGIP–JPO PPH scheme is divided into two categories:   1. PPH Based on JPO National Work Products Under this scheme, a PPH request is filed for a patent application that has already entered DGIP, by referring to its corresponding application at the JPO. The main requirements for filing a PPH request under this scheme include: The application at DGIP and the corresponding application at the JPO that forms the basis of the PPH must share the same earliest date (whether a priority date or filing date), either through the Paris Route or the PCT Route. The earliest application in the patent family must have been filed at either DGIP or the JPO as a national office. At least one JPO application must have claims that have been determined to be patentable/allowable, as reflected in a Decision to Grant, Notification of Reasons for Refusal, Decision of Refusal, or Appeal Decision. All claims submitted for examination under the PPH at DGIP must “sufficiently correspond” to the claims considered patentable/allowable at the JPO—that is, the claim scope must be identical, similar, or narrower through the addition of limiting features supported by the specification. A PPH request can only be made if DGIP has not yet begun substantive examination of the application.   2. PCT-PPH Based on PCT International Work Products (WO/ISA, WO/IPEA, IPER) In this scheme, in addition to national work products, the guidelines also provide for PCT-PPH. Here, the basis for acceleration is no longer the JPO’s national office actions but the JPO’s international work products in its capacity as: WO/ISA – Written Opinion of the International Searching Authority WO/IPEA – Written Opinion of the International Preliminary Examining Authority IPER – International Preliminary Examination Report   The main requirements include: The latest International Work Product must indicate that at least one claim is patentable/allowable with respect to novelty, inventive step, and industrial applicability. The DGIP application and the corresponding PCT international application must share the same earliest date (whether through national phase entry, priority basis, or as a derivative/divisional). All claims filed at DGIP must “sufficiently correspond” to the claims considered patentable/allowable in the relevant International Work Product.   PPH MOTTAINAI Beyond the two main pathways above, the JPO has also introduced the concept of PPH MOTTAINAI. In simple terms, “mottainai” in Japanese conveys a sense of regret when something…

Geographical Indications for Indonesian Cuisine: Untapped Potential - AFFA IPR

Geographical Indications for Indonesian Cuisine: Untapped Potential

Geographical Indication, Intellectual Property1 Comment

According to data from the Ministry of Tourism and Creative Economy of the Republic of Indonesia, Culinary tourism accounts for about 30-40% of tourists’ total spending during their visit across the country. Names such as Kopi Gayo (Gayo Coffee), Kripik Sanjay (Sanjay Hot Chips), Sate Padang (Padang Satay), Pempek Palembang, Dodol Garut, Tahu Sumedang (Sumedang Tofu), Lumpia Semarang, Soto Madura, Bali Peanuts, and many more have become signature souvenirs that must be purchased when visiting these destinations.   These popular culinary products also bolster the local economy, as most originate from Small and Medium Enterprises (SMEs) that play a vital role in job creation and increasing local income. However, one untapped potential for these regional-based culinary items is their registration as Intellectual Property, specifically as Geographical Indications.   So, why have people yet to do this? What are the obstacles? And what’s the difference between a Trademark and a Geographical Indication in Indonesia? Here’s the explanation…   Legal Basis for Geographical Indications in Indonesia   Geographical Indications, along with Trademarks, are regulated by Indonesian Law No. 20 of 2016 on Trademarks and Geographical Indications (Trademark and GI Law). The law defines:   “A Geographical Indication is a sign indicating the origin of goods and/or products from a certain area that, due to geographical factors such as natural elements, human factors, or a combination of both, gives the goods and/or products a specific reputation, quality, and characteristics.”   Article 53 of the Trademark and GI Law:  The applicant can be the provincial or district/city government or an organization representing the community in a specific geographical area involved in producing goods and/or products such as:   natural resources; handicrafts; or industrial goods.   Thus, if a natural product like coffee, cloves, nutmeg, shrimp, pearls, woven goods, batik, or traditional cuisine comes from a specific geographic area, as long as it doesn’t conflict with national ideology, laws, morality, religion, decency, and public order, isn’t misleading, and is not the name of a plant variety (unless paired with a geographic indication term), it can be registered as a Geographical Indication.   Benefits of Geographical Indications   Registering a product as a Geographical Indication (GI) offers many benefits, particularly for local producers and communities involved in the production. Here are some of the main benefits of GI registration:   Legal Protection for Name Usage One of the most significant benefits of registering a product as a GI is legal protection over using the product’s name. GI registration ensures that only producers from the specified geographic area and those who meet specific production standards can use the name. This prevents others outside the area or those not adhering to the standards from using the GI name indiscriminately.For example, only producers from Garut who meet the standards can use the name “Dodol Garut.” This helps maintain the product’s reputation and quality in the market, ensuring it meets consumer expectations for taste. Increases Product Value and CompetitivenessProducts registered as GIs usually have higher market value due to their reputation associated with a particular area and recognized quality. Consumers are often willing to pay more for products known for their specific geographic origin, associating them with quality, uniqueness, and tradition. This enhances the product’s competitiveness in both domestic and international markets.For instance, Gayo Arabica Coffee, registered as a GI in 2018 by the Directorate General of Intellectual Property (DGIP), has a premium quality reputation in international markets, boosting demand and selling prices.   Preserves Tradition and Local KnowledgeGI registration helps preserve traditional knowledge and production techniques passed down through generations. The standards set in GI registration often include conventional production methods, ensuring producers adhere to established practices, thereby preserving the tradition.For example, “Tenun Ikat Sikka” (Sikka Traditional Weaving) from East Nusa Tenggara, registered in 2018 by DGIP, guarantees that every weaving product is crafted by local communities who consistently maintain their unique production techniques and cultural identity. Boosts Local EconomyRegistering a product as a GI can drive the local economy, from increasing product demand to making it a tourist destination. With GI recognition, local producers can better market their products domestically and internationally. Ultimately, communities’ incomes dependent on the product can increase, especially if they manage the production center as a tourist destination that offers added value for visitors.For example, Kintamani Arabica Coffee from Bali registered as a GI, has significantly boosted the economic standing of coffee farmers in the area. Builds International Reputation and BrandingProducts registered as GIs are typically easier to promote in international markets due to their reputation linked to a specific geographic area. GIs help products gain global recognition and become stronger brands. Moreover, GI registration protects products from unauthorized use in international markets.Today, Indonesia is recognized as a high-quality coffee producer. Over 50 coffee-related Geographical Indications are registered with DGIP, making it the dominant GI category. Prevents Counterfeiting and FraudThe legal protection a Geographical Indication provides prevents the growth of counterfeit or lower-quality products using the same name to exploit the registered product’s reputation. This safeguards the original product’s quality and integrity in the eyes of consumers, protects the original producers from losses, and prevents consumers from being deceived.For example, if “Sumedang Tofu” were registered as a GI, it could prevent parties outside Sumedang from using the name without permission or failing to meet production standards. Strengthens Consumer RelationshipsConsumers tend to trust GI-registered products because they know the product is made to specific standards and has unique characteristics tied to its geographic origin. This helps build trust between producers and consumers, which is key for long-term success.Why Have Many Local Culinary Products Not Been Registered as GIs?   There are several reasons why culinary delights like Padang Satay, Sumedang Tofu, and Madura Soto have not been registered as Geographical Indications (GI) despite their significant potential as distinct regional products:   Lack of Awareness or Knowledge About Geographical IndicationsMany local producers, organizations, or even local governments may need to fully realize the potential benefits of Geographic Indication protection. Coordination Required for RegistrationGI registration requires…