CHAPTER III: PATENT APPLICATIONS

Part One: General

 

Article 23

A patent shall be granted on the basis of an application.

 

Article 24

Each patent application may be filed for one invention only.

 

Article 25

The patent application shall be filed by payment of a fee to the Patent Office the amount of which shall be stipulated by the Minister.

 

Article 26

(1) If a patent application is filed by a person other than the inventor, the application must be accompanied by a statement with adequate supporting evidence that he is entitled to the invention concerned.

(2) The Patent Office shall be obligated to send a copy of the statement referred to in paragraph (1) to the inventor.

(3) The inventor may examine the patent application form filed by a person other than the inventor referred to in paragraph (1) and may at his own expense request a copy of said application documents.

 

Article 27

(1) A patent application may be filed through a patent consultant in Indonesia as proxy, except in certain cases regulated otherwise in this Act.

(2) A patent consultant referred to in paragraph (1) shall be a consultant registered in the Register of Patent Consultants at the Patent Office.

(3) Beginning on the date of receipt of the proxy until the date of announcement of the patent application concerned, the patent consultant shall be obligated to preserve the confidentiality of the invention and all patent application documents.

(4) Provisions regarding requirements for registration as a patent consultant shall be regulated in a Government Regulation.

 

Article 28

(1) A patent application filed by an inventor or someone who has a right to the invention who does not reside or have a fixed domicile in the territory of the Republic of Indonesia must be filed through a patent consultant in Indonesia as proxy.

(2) The inventor or someone who has a right to the invention referred to in paragraph (1) must declare and elect a residence or legal domicile in Indonesia for the purpose of said patent application.

 

Article 29

(1) A patent application filed by use of a priority right as regulated by an international convention on patent protection adhered to by the Republic of Indonesia, must be filed within 12 (twelve) months commencing on the date on which the first patent application was received by any country also participating in said convention.

(2) By fully observing the provisions of this Law regarding the requirements which must be fulfilled in a patent application, a patent application with a priority right referred to in paragraph (1) must be accompanied by a copy of the first patent application form validated by the competent authority in the country concerned within a period of 6 (six) months commencing on the date of said patent application, provided that the time limit referred to in paragraph (1) is not exceeded.

(3) If the requirements in paragraph (1) and paragraph (2) are not fulfilled, a patent application may not be filed by using a priority right.

 

 

Article 30

(1) A patent application shall be filed to the Patent Office in writing in the Indonesian Language.

(2) The patent application form must contain:

a. date, month and year of application;

b. clear and full address of the applicant filing the application intended by letter a;

c. full name and citizenship of the inventor;

d. where the application is filed by a patent consultant as proxy, the full name and address of the proxy concerned;

e. a special power of attorney, where the application is filed by a patent consultant;

f. a request that a patent be granted;

g. the title of invention;

h. a claimed implied in the invention;

i. a written description of the invention which contains complete information on way of implementing the invention;

j. drawings mentioned in the description required for clarification;

k. an abstract regarding the invention.

(3) Further provisions regarding the filing of patent applications shall be regulated by the Minister.

 

 

Part Two: Patent Application with a Priority Right

Article 31

(1) In addition to the copy of the application form referred to in Article 29 paragraph (2), the Patent Office may request that a patent application by use of a priority right also be accompanied by:

a. a valid copy of the documents connected with the results of examination carried out with respect to the first patent application abroad;

b. a valid copy of the patent certificate granted in connection with the first application abroad;

c. a valid copy of the decision of the rejection of the first patent application abroad if said application was rejected;

d. a valid copy of the decision of cancellation of the foreign patent application concerned if said patent was ever canceled;

e. other documents required to facilitate an evaluation that the invention for which a patent is requested is indeed a new invention and truly contains an inventive step.

(2) The filing of copies of documents referred to in paragraph (1) may be accompanied by separate additional explanations by the patent applicant.

 

Article 32

Further provisions regarding the filing of patent application by use of a priority right shall be regulated in a Government Regulation.

 

Part Three: Time of Receipt of a Patent Application

Article 33

(1) A patent application shall be deemed to have been filed on the date of receipt of the patent application by the Patent Office after payment of the fee referred to in Article 25.

(2) The date of filing of patent application shall be the date the Patent Office has received the patent application fulfilling the requirements referred to in Article 30.

(3) The date of filing of patent application shall be specially recorded by the Patent Office.

 

Article 34

(1) If it is evident that there are deficiencies in fulfilling the requirements referred to in Article 30, the Patent Office shall request that the deficiencies be corrected within a period of 3 (three) months commencing on the date of transmittal by the Patent Office of the letter requesting that the deficiencies be corrected.

(2) Based on reasons acceptable to the Patent Office, the period referred to in paragraph (1) may be extended by a maximum of 3 (three) months upon the request of the patent applicant.

 

Article 35

Where there are deficiencies referred to in Article 34, the date of filing of patent application shall be the date of receipt by the Patent Office of the final corrections to said deficiencies.

 

Article 36

If the deficiencies have not been corrected within the period referred to in Article 34, the Patent Office shall notify the patent applicant in writing that the patent application is deemed to have been withdrawn.

 

Article 37

If during the initial examination there are found to be two or more patent applications fro the same invention, and one of them has been filed based on a priority right by the same person, the Patent Office shall be entitled to reject said applications on the grounds that only one patent application may be filed for the invention.

 

Article 38

(1) If different persons have evidently filed more than one application for the same invention, only the application which was filed finally or prior in time may be accepted.

(2) If the patent applications referred to in paragraph (1) were filed on the same date, the Patent Office shall request in writing that the applicants negotiate to decide which application is to be filed and deliver the decision to the Patent Office at the latest 6 (six) months from the date of transmittal of the written request.

(3) If an agreement or decision is not reached among the patent applicants or it is impossible for them to hold a negotiation or the results of the negotiation are not delivered to the Patent Office within the period referred to in paragraph (2), said patent applications shall be rejected and the Patent Office shall give notice thereof to the patent applicants in writing.

 

Part Four: Amendments to a Patent Application

Article 39

(1) A patent application may be amended by adding or reducing the number of claims, provided that such amendments do not add new matters expanding the scope of invention applied for the original application.

(2) Amendments of an application referred to in paragraph (1) shall be deemed to have been filed on the same date as the original application.

 

Article 40

(1) Amendments of an application referred to in Article 39 may be filed separately in one or more applications provided that such amendments do not add new matters expanding the scope of invention applied for the original application.

(2) Where said amendments constitute a separation of an application referred to in paragraph (1), said application shall be deemed to have been filed on the same date as the original application.

 

Part Five: Withdrawal of a Patent Application

Article 41

(1) A patent application may be withdrawn by submitting a written request to the Patent Office.

(2) Further provisions regarding the withdrawal of patent applications shall be regulated in a Government Regulation.

 

Part Six: Extension of Patent Duration

 

Article 42

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Article 43

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Article 44

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Part Seven: Prohibitions on Patent Applications and Obligations to Preserve Confidentiality

Article 45

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Article 46

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