For those seeking patent protection in Indonesia through the PCT national phase entry, a clear understanding of deadlines, filing prerequisites, and post-entry obligations is crucial. This comprehensive guide aims to provide clarity on the Indonesian patent landscape, empowering applicants to successfully navigate the process.
Deadline for PCT National Phase Entry in Indonesia
The time limit for entering the Indonesian national phase is 31 months from the priority date. A missed deadline can be restored by paying an additional fee for late entry.
Minimum Filing Requirements in Indonesia
To secure the filing date, a PCT national phase application must include:
- A scanned copy of the signed Power of Attorney;
- Inventor’s and applicant’s details;
- Information about the international publication of the PCT application;
- English specification comprising title, description, claims, drawings, and abstract.
Language of the Indonesian Patent Application
An Indonesian translation of the PCT application is required and must be submitted within one month from the date of entry into the Indonesian national phase.
Power of Attorney Requirements
A scanned copy of the signed Power of Attorney is required at the time of filing. Notarization or legalization is not necessary.
Assignment Deed
If the application is filed by a person or legal entity other than the inventor, a scanned copy of the signed Assignment Deed between the applicant and the inventor should be provided. The Assignment Deed may be filed at the time of application or within three months from the filing date.
Substantive Examination Request
A request for substantive examination of Indonesian PCT national phase applications should be filed within 36 months from the international filing date. The expedited examination is possible by requesting the use of search and examination results from an ASPEC member country.
Grace Period
The novelty grace period in Indonesia is six months before the earliest filing date.
Grant and Maintenance Fees
The official grant fee must be paid within one month from the date of issuance of the notice of allowance. The patent is valid for twenty years from the international filing date. Annual maintenance fees start from the first year and are payable after the patent is granted. Annuities due before the grant should be paid within six months from the issuance of the Notice of Allowance, along with the annual fee for the next year. Subsequent annual fees should be paid at least one month before the due date. A twelve-month extension for payment is possible, subject to a surcharge of 100% during the grace period. Failure to pay during the grace period results in patent abandonment, with the possibility of revival through a request to the Commercial Court.
By adhering to these guidelines, applicants can navigate the Indonesian PCT national phase entry process seamlessly, ensuring compliance with regulatory requirements and maximizing the potential for robust patent protection in Indonesia.
You can see a list of Indonesia IP firms here.