INDONESIA LAW AND PRACTICE Contributed by: Agus Ahadi Deradjat (Agung), Gustaaf Reerink, Adri Dharma, Karina Widyaputri and Ilma Sulistyani, ABNR Counsellors at Law
ent is an exclusive right granted by the state to an inventor for a technological invention, allow - ing personal exploitation or licensing to others for a specified period. A patent is granted for an invention that: • is novel (new); • involves an inventive step; and • is industrially applicable. The invention may take the form of a product or a process that introduces a new method or offers a technical solution to a problem. Indonesia recognises two types of patents. • Standard patents – granted for inventions with a higher level of inventiveness; protec - tion lasts 20 years from the filing date (non- renewable). • Simple patents – granted for inventions with a lower level of inventiveness, typically improvements to existing products or pro - cesses; protection lasts ten years from the 1. Application submission – filed with the Direc - torate General of Intellectual Property of the Min - istry of Law (DGIP) and includes a request form, description, claims, abstract, and drawings (if applicable). 2. Administrative examination – DGIP reviews formal compliance. 3. Publication – application is published in the official gazette. filing date (non-renewable). Patent Registration Process
4. Substantive examination – must be requested within 36 months of filing; DGIP assesses nov - elty, inventive step, and industrial applicability. 5. Granting of patent – if approved, the patent is granted and published. Foreign applicants must appoint a registered Intellectual Property Consultant in Indonesia. Enforcement includes civil remedies (damages and injunctions) and criminal penalties. Patent disputes are adjudicated by commercial courts. 7.2 Trade Marks Trade mark protection is governed by Law No 20 of 2016 on Trademarks and Geographical Indications. A trade mark is any sign capable of being graphically represented – such as imag - es, logos, names, words, letters, numbers, col - our arrangements (in two or three dimensions), sounds, holograms, or combinations thereof – used to distinguish goods or services of one party from those of others. Trade mark protection lasts ten years from the filing date and is renewable for subsequent ten-year terms. Renewals must be filed within six months before expiration, with a six-month grace period available post-expiration (subject to additional fees). Trade Mark Registration Process 1. Application submission – via DGIP’s online system, including applicant details, mark rep - resentation, goods/services list, and supporting documents. 2. Administrative examination – DGIP verifies completeness.
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