PCT Applicant's Guide Indonesia EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Directorate General of Intellectual Property (Indonesia)

PL: Indonesian Patent Law

GR: Government Regulations of the Republic of Indonesia concerning Procedure for Patent Application

List of currencies used in this document:

CHF (Swiss franc), IDR (Indonesian rupiah)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5), Rule 20.8(a), Rule 20.8(a-bis), Rule 20.8(b) , Rule 20.8(b-bis), Rule 26bis.3(j), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Indonesia

Two-letter code:

Name of Office:

Directorate General of Intellectual Property (Indonesia)

Location:

Jl. H.R. Rasuna Said Kav. 8-9
Jakarta Selatan 12940
Indonesia

Mailing address:

Same as above

Telephone:

Patents:
(62-21) 5790 5611
Sec.:
(62-21) 5790 5619

E-mail:

patent.administration@gmail.com

Website:

http://www.dgip.go.id

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service is:

CV Titipan Kilat,

DHL,

Elteha,

Federal Express,

UPS

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Indonesia

Language in which international applications may be filed:

English

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 14 January 2016, pages 11 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Competent International Searching Authority:

AU,

EP,

JP,

KR,

RU,

Competent International Preliminary Examining Authority:

AU,

KR,

EP,

JP,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

1,000,000 IDR

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in IDR of 1,330 CHF

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in IDR of 15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

Equivalent in IDR of 200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

Equivalent in IDR of 300 CHF

Search fee:

Equivalent in IDR of the search fee payable to the International Searching Authority chosen by the applicant:
Refer to
Annex D(AU)
Annex D(EP)
Annex D(JP)
Annex D(KR)
Annex D(RU)
Annex D(SG)

Fee for priority document (PCT Rule 17.1(b)):

300,000 IDR

Is an agent required by the receiving Office?

No, if the applicant resides in Indonesia
Yes, if the applicant is non-resident

Who can act as agent?

Any patent consultant registered in Indonesia

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, a description of the characteristics of the micro-organism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

This time limit may be extended provided the applicant pays an additional fee for late entry into the national phase.

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Indonesian

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Where the applicant furnishes only one translation and does not furnish the missing translation upon invitation by the office, the latter will proceed upon the basis of the translation of the international application as originally filed or as amended, as the case may be.

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Filing fee

electronic 1,250,000 IDR

on paper 1,500,000 IDR

Additional filing fee

— for each page of the description in excess of 30

15,000 IDR

Claim fee for each claim in excess of 10

75,000 IDR

Substantive examination fee

3,000,000 IDR

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Appointment of an agent if the applicant is not resident in Indonesia

Instrument of assignment of the international application if the applicant has changed after the international filing date

Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)

Translation of the international application to be furnished in three copies

Where the application is filed electronically, only one copy of the translation in electronic form has to be furnished.

Who can act as agent?

Any person registered to practice as a patent consultant in Indonesia

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

The procedure in the national Phase

ID.01 FORMS FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex ID.II). The form should preferably (but need not) be used. It is strongly recommended that the national phase application be filed through the Office’s online system at: http://paten.dgip.go.id/#/login

ID.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

ID.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex ID.I.

ID.04 INVENTOR

PL Art. 25
The indication of the name and nationality of the inventor is required and must be furnished, at the latest, at the time of entry into the national phase.

ID.05 REQUEST FOR EXAMINATION

PL Art. 51
The Office examines patent applications as to substance. The applicant must request substantive examination on a special form (refer to Annex ID.III) no later than 36 months from the international filing date and pay a special fee (refer to Annex ID.I).

ID.06 POWER OF ATTORNEY

GR Art. 2(3), GR Art.3
An agent must be appointed by means of a separate power of attorney.

ID.07 PRIORITY DOCUMENT (TRANSLATION)

The Office requires a translation of the priority document in English but only if needed during national examination or other processing. If the required translation is not furnished, the Office will invite the applicant to furnish it within two months from the date of the invitation. The translation need neither be certified nor verified.

ID.08 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PL Art. 38-39
The applicant may amend or correct the claims, description, and drawings in the international application at any time before the grant of the patent provided that the scope of protection of the application is not extended thereby.

ID.09 ANNUAL FEES

PL Art. 126, PL Art. 127, PL Art. 128, PL Art. 129
The first payment of the annual fees must be made before the expiration of six months as of the date the patent is granted. The first payment of the annual fees includes annual fees for the first year as from the international filing date of the application until and including the year the patent was granted plus the annual fee for the following year. Each subsequent payment of the annual fees should be made in the relevant subsequent year no later than one month before the date having the same number as the month and the day on which the patent was filed. If the annual fee has not been paid within the applicable time limit, the patent will be declared null and void. Annual fees may be paid within a grace period of 12 months from the expiration of the deadline for paying the fees, upon a written request for extension of the time limit and payment of the prescribed surcharge fee for late payment (refer to Annex ID.I). A request for extension of the time limit must be submitted to the Office not later than seven days before the expiration of the time limit for paying the fees.

ID.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

ID.11 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against the decision may be lodged with the national IP Office.

ID.12 APPEALS

PL Art. 67, PL Art. 68, PL Art. 69, PL Art. 70, PL Art. 71, PL Art. 72, PL Art. 73
An appeal may be filed:

a) against refusal of a patent application,

b) to correct the description, claims, and/or drawings after the grant of a patent,

c) against a decision to grant a patent.

An appeal shall be filed in writing to the Patent Appeal Commission, with a copy to the Patent Office, and is subject to the payment of a fee (refer to Annex ID.I). An appeal against a refusal of the application shall be filed not later than three months as of the mailing date of the notification of refusal of the patent application. An appeal to correct the description, claims, and/or drawings after the grant of a patent shall be filed within three months as of the mailing date of the notification of intention to grant a patent.

Corrections must be limited to the following:

a) limitation on the scope of claims,

b) corrections of errors in the translation of the description, and/or

c) clarification of the contents of the description that is unclear or ambiguous.

Corrections may not result in a wider scope of protection of the invention than the scope of protection of the invention as originally filed. An appeal against the decision to grant a patent shall be filed not later than nine months from the date of the notification to grant a patent. If the appeal against a decision to grant a patent has not been made within the applicable period, an applicant may appeal by filing a lawsuit to the Commercial Court.

Annexes

Annex ID.I - Fees

Filing fee

electronic 1,250,000 IDR

on paper 1,500,000 IDR

Additional filing fee

— for each page of the description in excess of 30

15,000 IDR

Substantive examination fee

3,000,000 IDR

Additional fee for each claim in excess of 10

75,000 IDR

Change in type of patent application

450,000 IDR

Fee for recordation of assignment of patent

700,000 IDR

Appeal fee:

— refusal of the application

3,000,000 IDR

— correction of the description, claims and/or drawings after the patent application has been granted

3,000,000 IDR

— decision on granting a patent

3,000,000 IDR

Additional fee for late entry into national phase

5,000,000 IDR

Annual fees:

— from the 1^st to the 3^rd year, per year

Basic fee 1,000,000 IDR

Additional fee for each claim 75,000 IDR

— from the 4^th year to the 5^th year, per year

Basic fee 1,250,000 IDR

Additional fee for each claim 100,000 IDR

— for the 6^th year, per year

Basic fee 1,750,000 IDR

Additional fee for each claim 175,000 IDR

— from the 7^th year to the 8^th year, per year

Basic fee 2,250,000 IDR

Additional fee for each claim 225,000 IDR

— for the 9^th year, per year

Basic fee 3,000,000 IDR

Additional fee for each claim 300,000 IDR

— for the 10^th year, per year

Basic fee 4,000,000 IDR

Additional fee for each claim 300,000 IDR

— from the 11^th year to the 20^th year, per year

Basic fee 6,500,000 IDR

Additional fee for each claim 500,000 IDR

Fee for late payment of the annual fee

100% of the applicable annual fee

How can payment of fees be effected?

The payment of fees must be effected in Indonesian rupiah. Payments can be made by money order, cheque or bank draft (transfer to Government account). All payments must indicate the application number (national if already known; international if the national number is not yet known), the name of the applicant and the category of fee being paid.

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex ID.II - Form for entering the national phase

Annex ID.III - Patent substantive examination application form

Processing

ID - Indonesia
Directorate General of Intellectual Property (Indonesia)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

ID - Indonesia Directorate General of Intellectual Property (Indonesia)

Error Information Warning Confirmation

ID - Indonesia
Directorate General of Intellectual Property (Indonesia)