A patent is an exclusive right granted for something new, a product or a process that provides new ways of doing something or offers a new technical solution to a problem.
Patents can be given for inventions in any technology field, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example, a process for producing a specific chemical compound. Many products contain several inventions. For example, the computer can involve hundreds of inventions operating together. Patented inventions have been present in every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic (patents held by Baekeland) to ballpoint pens (patents held by Biro) and microprocessors (patents held by Intel for example,).
But why do we need to register these inventions? Why hold a patent? Well, patents provide incentives and protection by granting recognition to the inventors for their creativity and the possibility of material reward for their discoveries. At the same time, the required disclosure of patents and patent applications promotes the mutually-beneficial spread of new knowledge and accelerates innovation activities.
Once knowledge is openly available, it can be used simultaneously by an unlimited number of persons. While this is, without a doubt, fair for public information, it causes difficulties commercializing technical knowledge. In the absence of the protection of such knowledge, anyone could easily use this information enclosed in inventions without any recognition of the creativity of the inventor or contribution to the investments made by the inventor. Consequently, inventors would be discouraged from bringing new inventions to the market and keeping them secret. A patent system intends to correct such under-provision of innovative activities by providing innovators with limited exclusive rights, giving them the possibility to receive appropriate returns on their innovative activities.
In general insight, the public disclosure of the patent’s technical knowledge and the patent’s exclusive right granted provide incentives for competitors to search for alternative solutions and designs around the first invention. These incentives and the announcement of knowledge about new inventions encourage further innovation, which assures that the quality of human life and the well-being of society is continuously improved.
The term for filing the patent application in Indonesia
Priority claims patent applications must be submitted within a year of the priority date. If an applicant provides proof of the cause for missing the deadline and pays the penalty, the priority right may be restored within three months.
Minimum filing requirements in Indonesia
For the obtainment of the filing date, a patent application in Indonesia should contain the following:
- a scanned copy of the signed power of attorney;
- inventor’s and applicant’s complete information;
- the specification in English, including the title of the invention, claims, description, abstract, and drawings, if any.
Novelty grace period
The novelty grace period for patents in Indonesia is six months before the filing date or the date of priority, if any.
Validity Term
The official grant fee must be paid within one month from the notification of the allowance. In Indonesia, a patent is valid for 20 years after filing. After the patent is awarded, annual maintenance costs become required and payable beginning with the first year. The yearly fee for the next year, together with any annuities due before the grant, must be paid within six months of the Notice of Allowance’s issuing. Annual fees for subsequent years must be paid at least one month before the deadline (the anniversary of the filing date). In addition, a candidate may ask for a 12-month delay in paying maintenance costs (at least seven days before the due date). During the grace period, late payments of annuities are subject to a 100% surcharge. The patent will be deemed abandoned if the maintenance costs are not paid after the 12-month grace period for late payments has passed. However, the patent may be reinstated by submitting the appropriate petition to the Commercial Court.
Also, contact for trademark registration in Indonesia.