Requirements and Procedures for Filing a Patent Application 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. The right allows the inventor to implement the invention independently or grant consent to another party to use it. Patent protection is important because it provides a legal basis for inventors to protect rights over technologies they have developed and prevent unauthorized use.

Under the Indonesian legal system, patent protection consists of patents and simple patents. 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 consisting of a development of an existing product or process, having practical utility, and being capable of industrial application.

Requirements for Patentable Inventions

Not every idea or work in the field of technology is eligible for patent protection. Before filing an application, an inventor needs to ensure that the invention satisfies the substantive requirements forming the basis for protection.

In general, three principal requirements must be satisfied:

• The invention must be new. An invention is considered new if, on the filing date, it is not identical to technology previously disclosed. The assessment of novelty does not merely consider general differences but also compares the function and technical features of the invention against earlier technology or prior art.

• The invention must involve an inventive step. This requirement means that the invention must not be something that can be readily anticipated by a person possessing particular expertise in the relevant technical field. In other words, there must be an element of technical development that would not be obvious to a person skilled in that field.

• The invention must be capable of industrial application. Where the invention is a product, the product must be capable of being repeatedly manufactured with consistent quality. Where it is a process, the process must be capable of being performed or used in practice as described in the application.

Importance of Filing a Patent Application

Patent protection is not obtained merely because a person was the first to invent something. The inventor must still file an application in accordance with the applicable procedures. Without an application and the grant of the right, the inventor's ability to enforce exclusive rights against third parties remains limited.

The timing of filing is therefore important, particularly where the invention has significant commercial value or is expected to be marketed soon. Inventors should maintain the confidentiality of the technology before filing so that public disclosure does not create issues in relation to the novelty requirement.

Patent Application Stage

An application for a patent or simple patent is submitted to the Minister of Law and Human Rights. The application may be filed by the applicant directly or through a representative and may be submitted electronically through the official services of the Directorate General of Intellectual Property or through another mechanism provided under the applicable rules.

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

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

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

• 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 name and address of the representative where the application is submitted through a representative; and

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

Documents to Be Attached

In addition to administrative information, an application must include technical and supporting documents. The quality of those documents is highly important because the eventual scope of patent protection will be closely connected with the description of the invention and the claims submitted by the applicant.

The documents generally required include:

• title of the invention;

• a description explaining the invention fully and clearly;

• one or more claims defining the scope of protection requested;

• an abstract of the invention;

• drawings required to clarify the invention, where applicable;

• a power of attorney where the application is filed through a representative;

• an inventor's statement of ownership of the invention;

• a deed or statement of assignment where the applicant is not the inventor; and

• evidence of deposit of biological material where the invention concerns biological material.

Examination of Document Completeness

After the application is filed, the Directorate General of Intellectual Property examines the completeness of the required documents. If deficiencies are identified, the applicant will be notified to complete or correct the required documentation.

Where the examination confirms that the documents are complete, the applicant obtains a billing code through the intellectual property information system. Based on the procedure used as the reference for this material, payment using the billing code must be made within three calendar days. If the deadline passes, the billing code will no longer be valid and the administrative payment process must be repeated in accordance with the applicable system mechanism.

Payment of Application Fees

Application fees are paid through a Perception Bank or Perception Post Office using the Online Non-Tax State Revenue Information System, or SIMPONI. Payment can be made in cash through a bank teller or electronically using available payment methods such as ATMs, internet banking, or EDC facilities.

Following successful payment, the applicant receives an application receipt. This document serves as evidence that the application has entered the administrative process and will subsequently be processed according to the applicable examination stages.

Role of the Description and Claims

In a patent application, the description and claims are particularly important.

The description must explain the invention adequately so that it can be understood by a person possessing expertise in the same field. The claims, meanwhile, determine the boundaries of the rights requested by the applicant.

Claims that are too narrow may result in limited protection, while excessively broad claims may create difficulties where they are unsupported by the description or overlap with earlier technology.

Patent technical documents should therefore be prepared carefully and consistently.

Certificate as Evidence of Rights

After the application and examination processes have been completed and the patent is approved, the applicant receives a Patent Certificate as evidence of the patent right.

The certificate provides the formal basis for the patent holder to exercise exclusive rights within the scope of the protection granted.

For companies, patents can also constitute intellectual property assets with economic value.

Those rights may be utilized in production, commercial cooperation, investment, licensing, and technology development strategies.

Closing

Filing a patent application is not merely an administrative process. It also requires an assessment of whether the invention qualifies for protection and the preparation of appropriate technical documentation.

Before filing, the inventor needs to ensure that the invention satisfies the requirements of novelty, inventive step, and industrial applicability.

In addition, applicant information, the invention description, claims, abstract, drawings, and ownership documents should be prepared in a structured manner.

An orderly filing process from the outset can help reduce the risk of document corrections and clarify the scope of protection sought through the patent application.