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TYPE OF APPLICATIONS
- Patent applications
- Simple patent applications
- PCT applications
ITEMS REGARDED AS PATENTABLE
- As to patent application, any products, processes, improvements and developments of products or processes can be applied for patents
- As to simple patent application, only products and mechanical devices can be applied for patents. Processes, uses, compositions and products characterized solely by their process cannot be applied for a patent.
ITEMS REGARDED AS UNPATENTABLE
- Processes or products the publications and exploitation of which would be contrary to the prevailing rules and regulations, religious morality, ordre public or ethics
- Methods for examination, treatment, medication, and/or surgery practised on the human and animal
- Scientific theories and mathematical methods
- Living creatures, except for micro-organisms
- Essentially biological processes for the production of plants or animals other than non-biological process or microbiological process
- Creations and methods for performing mental acts, playing games and doing business
- Rules and methods relating to computer programs
- Presentations of information.
DURATION OF PATENT
- 20 years for inventions filed as patent applications from the filing date
- 10 years for inventions filed as simple patent applications from the filing date
DOCUMENTS REQUIRED TO FILE A PATENT (AND SIMPLE PATENT) APPLICATION
All the documents mentioned in the following should be submitted to the Directorate General of IP in Indonesian language. Documents supplied in any other languages must be translated into Indonesian language. The documents required to file for a patent should consist of:
- The request for the grant of patent
- Patent specification including description, claims, abstract and drawing (if any)
- The Patent specification must be typed on sheets of A-4 size paper which must be of white color, 80 gr of minimum weight, with dark color characters of less than 0.21 cm high and line spacing of 1.5. The minimum margins of the A-4 size paper shall be as follows: 2 cm from top, 2 cm from bottom, 2.5 from left side and 2 cm from right side
- The drawing, if any, must be represented on sheets of A-4 size paper which must be of white color, 100 gr of minimum weight, and of the minimum margins as follows: 2.5 cm from top, 1 cm from bottom, 2.5 from left side and 1.5 cm from right side.
- Power of Attorney (no authorization required)
- Assignment relating the right to file application if the applicant is not the inventor (no authorization required).
- Priority Document (If claimed).
REQUIREMENTS FOR PCT APPLICATIONS ENTERING THE NATIONAL PHASE UNDER CHAPTER I
The documents required are as follows :
- The request for the grant of patent
- Power of Attorney (no authorization required)
- Patent specification including description, claims, abstract and drawing (if any)
- Assignment relating the right to file application if the applicant is not the inventor (no authorization required)
- WIPO Publication
- International Search Report
- PCT Request (PCT/RO/101), and
- PCT Notice Informing The Applicant of The Communication of The International Application to The Designated Offices (PCT/IB/308).
REQUIREMENTS FOR PCT APPLICATIONS ENTERING THE NATIONAL PHASE UNDER CHAPTER II
The documents required are as follows:
- Same as the requirements 1-6 for entering the national phase under Chapter I
- International Preliminary Examination Report (Form PCT/IPEA/409)
- PCT Information Concerning Elected Offices Notified of Their Election (Form PCT/IB/332)
- PCT Demand (Form PCT/IPEA/401).
For the PCT applications, the requirements No. 2, 3 and 5 should be submitted at the latest time limit stated for entering national phase (fax copies of which are acceptable and the their originals should be fulfilled later on). The requirements No 1,4, 6-9 can be submitted one month after that limit. The Indonesian translation of the specification should be filed at the latest one month afterwards.
REQUIREMENTS AS TO SUBSTANTIVES
Patents shall be granted for any inventions which are :
- New, involve Inventive Step and Industrial Applicable (for patent application)
- New and Industrial Applicable (for simple patent application).
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