Patent Applications by Foreign Nationals Residing in Indonesia

Foreign nationals may, in principle, file patent applications in Indonesia. A patent is an exclusive right granted by the State to an inventor over an invention in the field of technology for a specified period, allowing the inventor to implement the invention independently or authorize another party to use it.

An invention is an inventor's idea embodied in an activity intended to solve a problem in the field of technology, whether in the form of a product, process, improvement or development of a product or process, including systems, methods, and uses. Patent protection in Indonesia consists of patents and simple patents.

Types of Patents and Substantive Requirements

A patent is granted for an invention that is new, involves an inventive step, and is capable of industrial application.

A simple patent may be granted for a new invention constituting the development of an existing product or process, having practical utility, and being capable of industrial application.

For a foreign inventor, nationality is not a barrier to obtaining patent protection in Indonesia. However, patents granted remain subject to the requirements concerning implementation of patents in Indonesia under the Patent Law.

Foreign Nationals Residing in Indonesia and the Use of a Representative

A foreign national residing or domiciled in Indonesia may generally file a patent application directly or through an intellectual property consultant.

This differs from a foreign applicant who does not reside or maintain a permanent domicile in Indonesia, who is required to submit the application through a representative having a legal domicile in Indonesia.

An application is submitted to the Minister of Law in writing in the Indonesian language and is subject to the applicable fee.

One application may cover one invention or several inventions that are sufficiently connected to constitute a single inventive concept.

Information Required in the Application

At a minimum, a patent application contains the following information:

• the date, month, and year of the application;

• the applicant's name, complete address, and nationality where the applicant is not a legal entity;

• the applicant's name and complete address where the applicant is a legal entity;

• the inventor's name, complete address, and nationality;

• the representative's name and complete address where the application is filed through a representative;

• the title of the invention;

• the country and filing date of the first application where priority is claimed; and

• the Patent Cooperation Treaty number and international filing date where the application is submitted through the PCT mechanism.

Supporting Documents

In addition to the application information, the applicant must provide the necessary technical and administrative documents.

These generally include:

• title, description, claims, and abstract of the invention;

• drawings where required to explain the invention;

• power of attorney where a representative is appointed;

• assignment documentation where the applicant is not the inventor;

• supporting documentation establishing micro or small enterprise, educational institution, or government research institution status where the relevant tariff facility is used;

• evidence of deposit of biological material where the invention concerns biological material; and

• a declaration regarding the origin of genetic resources and/or traditional knowledge where the invention relates to such resources.

For inventions involving biological material, evidence of deposit may be issued by a depository institution recognized under the Budapest Treaty or by an Indonesian depository institution capable of ensuring the viability of the biological material during the patent protection period.

Electronic and Non-Electronic Applications

Applications may be submitted electronically through the official website of the Directorate General of Intellectual Property.

Applications may also be submitted non-electronically through the DJKI service counter or a Regional Office of the Ministry of Law to obtain assistance in filing through the official system.

Where supporting documents are prepared in a foreign language, they must be translated into Indonesian.

For documents in a foreign language other than English, translations into both English and Indonesian are required in accordance with the technical rules governing patent applications.

Filing Date and Minimum Requirements

An application satisfying the minimum requirements may be accorded a filing date.

The minimum requirements include application information, principal attachments consisting of the title, description, claims, and abstract, evidence of payment of the application fee, and payment of excess claim fees where the application contains more than 10 claims.

The filing date is important because it constitutes one of the key reference points in the patent protection process.

Applicants should therefore ensure that all minimum requirements are available when the application is submitted.

Administrative Examination

After an application has been received, an administrative examination is conducted.

Under the latest technical provisions forming the basis of this article, the administrative examination must be completed no later than 14 days after the application has been received.

Where the documentation is complete, the Minister of Law provides notification to the applicant or its representative.

If deficiencies remain, the applicant must make the required corrections or complete the relevant documents in accordance with the notification.

Complete documentation from the outset can help avoid delays and facilitate subsequent examination stages.

Practical Stages of Filing through the DJKI System

For an electronic application, the applicant generally needs to register an account, complete the application form, upload the supporting documents, generate a billing code, make the required payment, and complete the submission through the DJKI system.

Payment using the billing code must be completed within the period displayed by the system.

Foreign applicants residing in Indonesia should ensure that immigration information, residential address, inventor identity, and the relationship between the inventor and applicant are recorded consistently.

Where the application is filed by a company or another party different from the inventor, assignment documentation should also be properly prepared.

Closing

Foreign nationals residing in Indonesia generally have the same access to filing patent applications in Indonesia.

The principal distinction concerns the requirement to appoint a representative for foreign applicants that are not domiciled in Indonesia.

All applications must nevertheless comply with the administrative and substantive requirements prescribed under Indonesian patent legislation.

Careful preparation of technical documentation, translation of foreign-language documents, clarity regarding ownership of the invention, and payment of the applicable application fees are important elements of the filing process.

Proper preparation can reduce the risk of administrative deficiencies and facilitate the patent protection process in Indonesia.