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Patents – Reference Guide + Fee Schedule (Indonesia)

Patents – Reference Guide + Fee Schedule (Indonesia)

PCT National Phase Entry

Deadlines: 31 months from the earliest priority date. May be extended up to 12 months after the 31-month deadline, provided an additional official fee, and a written explanation justifying the delay.

Documents: information about international publication of the PCT application; English specification including the title, description, claims, drawings, and abstract; inventor's and applicant's details; a copy of the Power of attorney if the applicant submits the application through a representative; a certificate or assignment letter justifying the applicant's right if the applicant is not the inventor; and an Indonesian translation of the PCT application within one month from the date of entry into Indonesian national phase.

Priority Document: Does not require filing of the priority document or English translation of the priority document unless specifically requested.

Conventional Priority Entry

Deadlines: Within 12 months from the earliest priority date. It is possible to request for restoration of a priority right within 16 months from the earliest priority date.

Documents: Title, description, claims, drawings, and abstract; Names and addresses for the applicant and each inventor; a copy of the Power of attorney if the applicant submits the application through a representative; a certificate or assignment letter justifying the applicant's right if the applicant is not the inventor; and an Indonesian translation must be submitted shortly after filing (commonly one month from the Indonesian filing date).

Priority Document: Certified copy of the priority application and an assignment of the priority rights (if applicant differs from the original filer) be submitted within 16 months from the earliest priority date.

Simple (Petty) Patents

Deadlines: Filings are direct national filings (not PCT?based) with Indonesian?language submissions. Mainly filed for incremental improvements and are valid for 10?year term (if granted). Conventional Patent can be converted to simple patent but not PCT-based application.

Documents: Specification in Indonesian language (title, description, claims, abstract, any drawings); Power of Attorney, ownership declaration, and assignment from inventor if the applicant differs.

Priority Document: Can claim Paris Convention priority from a foreign first filing, provided the Indonesian application is filed within 12 months of that earliest filing and the usual priority documents/formalities are satisfied.

Other Requirements

Languages: Official language is Bahasa (Indonesia)?. Limited allowances to file initially in English if followed by an Indonesian translation within one month deadline. Other foreign languages require both English and Indonesian translations within 30 days of filing or entry.

Power of Attorney: Signed Power of Attorney (POA) must be filed electronically with the application. Notarization/legalization is not required, and scanned PDFs are accepted. For PCT national phase and direct (Paris) filings, must be submitted at filing.

Declaration of Inventorship/Assignment Deed: A signed assignment from each inventor to the applicant if the applicant differs from the inventor. Notarization/legalization is generally not required. A signed declaration identifying inventors and confirming the applicant's entitlement/ownership as a standard post?filing. Both documents must be filed via e?filing at the time of filing or within 3 months from the Indonesian filing date.

Family Patent Information: There is no routine requirement to list all parallel foreign applications or office actions proactively.

Substantive Examination Request: Substantive examination must be requested within 36 months of the Indonesian filing date for conventional filing or 36 months from international filing date for PCT entries; Simple Patents require the exam request at filing. May also request expedited processing through international cooperation programs such as the ASEAN Patent Examination Co-operation (ASPEC), the Indonesia–Japan Patent Prosecution Highway (PPH), the Indonesia–South Korea PPH. Response time is 4 months from the date of the action, with limited extensions available on request before expiry.

Patent Validity: Standard Patents are valid 20 years from the filing date. Simple Patents are valid 10 years from the filing date.

Annual Maintenance: Annuities are due at the start of each protection year. A six?month grace period for late annuity payment with a 100% surcharge on the official fee for the missed annuity.

Working Statement: Requires an annual patent working statement for every patent in force, and sets a yearly deadline by December 31, with no supporting evidence needed beyond the signed form.

REFERENCE GUIDE                                                              PATENTS - THE PROCESS

Step 1: Filing

There are various types of applications, including ordinary (provisional, and complete), divisional, PCT-National Phase, convention applications and Simple (Petty) patent. E-filing and in-person filing available.

Step 2: Publication

Publication around 18 months from the priority date and allow 6 months for third?party observations. The applicant can request early publication before the 18?month mark. Simple Patents have a shorter publication/opposition period, often around 14 days to 3 months.

Step 3: Request

 for Examination

For standard patents, it must be filed within 36 months of Indonesian filing date (conventional) or 36 months of the International filing date (PCT); for Simple Patents, the request is made at filing. Applicants may leverage ASPEC by filing a request to use search/exam results from another ASEAN member to expedite examination. However, no extension of time is allowed.

Step 4: Response

 to Examination

The applicant must address objections within 3-4 months of the examination report. Extension of time of about 2 months is possible depending on the action type.

Step 5: Hearings

 (if any)

Does not provide oral hearings during patent examination; communications are all in written format.

Step 6: Decision

Based on the examination and responses, the patent office decides whether to grant or refuse the patent. If the application meets all requirements, a patent is granted, and a certificate of grant is issued. If the application is finally refused, the applicant may appeal to the Patent Appeal Commission, where proceedings are also paper-based without routine oral hearings.

Step 7: Renewal

Annuities are due at the start of each protection year. A six?month grace period for late annuity payment with a 100% surcharge on the official fee for the missed annuity. If the annuity is still unpaid after the grace period, the patent is treated as lapsed/null and void, and cannot be restored.

FEE SCHEDULE                                                                                                           PATENTS

Fee Type

Official Fee (USD)

Professional Fee (USD)

SEARCH

Patent Search (by applicant/inventor/title/topic)

N/A

480

FILING

Application (maximum 10 claims per application)

135

435

Preparation for formal drawing

N/A

5

Additional claim over 10 claims (per claim)

7

N/A

Additional fee (per page) for

Patent Specification in excess of 30

pages

1.5 (per claim)

N/A

Claiming Convention Priority.

N/A

65

Late national phase filling

450

N/A

MISCELLANEOUS

Recordal of the change of name of the applicant for a pending

application

15

300

Recordal of the change of address of the applicant for a

pending application

15

300

EXAMINATION

Substantive examination

Request

250

485

Responding to the examiner's

examination report

N/A

250 to 400

Filling Opposition of Counter

Statement

N/A

1,000

Notice of Grant

N/A

250

Registration Fee

N/A

250

Patent Prosecution Highway

385

255

ANNUITIES

Paying annuity fee (5th year)

146

248

Paying annuity fee (6th year)

146

248

Paying annuity fee (7th year)

146

248

Paying annuity fee (8th year)

381

248

Paying annuity fee (9th year)

381

248

Paying annuity fee (10th year)

381

248

Paying annuity fee (11th year)

531

248

Paying annuity fee (12th year)

531

248

Paying annuity fee (13th year)

531

248

Paying annuity fee (14th year)

688

248

Paying annuity fee (15th year)

699

248

Paying annuity fee (16th year)

688

248

Paying annuity fee (17th year)

838

248

Paying annuity fee (18th year)

838

248

Paying annuity fee (19th year)

838

248

Paying annuity fee (20th year)

995

248


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CHAPTER V - OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

The Indian Patents Act, 1970 provides a robust opposition framework that allows third parties to challenge patent applications and granted patents to ensure only valid inventions receive protection. Section 25 establishes two forms of opposition—pre-grant opposition, which may be filed by any person before a patent is granted, and post-grant opposition, which can be filed by an interested person within one year of grant. These proceedings help prevent wrongful patent monopolies, encourage transparency, and safeguard public interest by scrutinizing novelty, inventive step, patentability, disclosure requirements, and compliance with statutory obligations. The opposition system plays a critical role in maintaining the integrity and quality of the Indian patent regime.

CHAPTER VI - Anticipation

Anticipation is a fundamental concept in patent law that determines whether an invention is truly novel and eligible for patent protection. Under the Indian Patents Act, 1970, an invention may be anticipated if it has been publicly disclosed, published, claimed, or used before the filing or priority date of the patent application. However, Sections 29 to 34 provide important exceptions for disclosures made without the inventor's consent, government testing, scientific exhibitions, public trials, and provisional applications. These provisions help protect genuine inventors from losing patent rights due to unavoidable or permitted disclosures while maintaining the novelty requirements of the patent system.

CHAPTER IV - PUBLICATION, AND EXAMINATION OF APPLICATION

The Indian Patents Act, 1970 establishes a structured framework for the publication and examination of patent applications to ensure only novel and inventive technologies receive patent protection. Sections 11A to 21 govern important aspects such as publication of applications, Request for Examination (RFE), prior art searches, examination reports, divisional applications, and substitution of applicants. Recent amendments have shortened examination timelines and introduced expedited procedures for eligible applicants. Understanding these provisions is essential for inventors, startups, and businesses seeking efficient patent prosecution and successful patent grants in India.

CHAPTER XII - SURRENDER AND REVOCATION OF PATENTS

The Indian Patents Act, 1970 provides comprehensive mechanisms for surrender and revocation of patents to ensure that only valid, lawful, and socially beneficial inventions enjoy patent protection. Sections 64 to 66 outline various grounds for revocation, including lack of novelty, non-patentable subject matter, wrongful obtaining, insufficient disclosure, non-working of patents, and violations of secrecy provisions. The Act also permits post-grant opposition, compulsory licensing-related revocation, and government-led revocation in matters affecting public interest or national security. These provisions act as important safeguards against abuse of patent rights while maintaining a fair balance between innovation, competition, and public welfare.

CHAPTER XVI - WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

The Indian Patents Act, 1970 ensures that patents serve not only private interests but also the public good. Under Sections 83 to 94, patentees are expected to commercially work their inventions in India and make patented products reasonably accessible to the public. Where patented inventions are not adequately worked, are unaffordable, or fail to meet public demand, the law permits compulsory licensing. The Act also empowers the Controller to modify, terminate, or revoke patent rights in certain circumstances while balancing the interests of inventors, businesses, and society. These provisions are particularly significant in sectors such as pharmaceuticals, healthcare, and essential technologies, where public access is a key policy objective.

Chapter XVIII - Suits Concerning Infringement of Patent

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