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FAQ

PATENT

What should be avoided before filing a patent application?
- Disclosure or public announcement of the research or invention results within 6 (six) months before filing a patent application should be avoided.

The disclosure of research or invention results can happen in three ways:
1) By technical disclosure in writing that is announced,
2) By product disclosure and or by a demonstration in front of the public,
3) By product exhibition in an officially recognized international exhibition in Indonesia or abroad or in an official and officially recognized national exhibition in Indonesia.

What is first-to-file system?
- First-to-file system is a system for granting patent to applicants who apply for the first time, on condition that all requirements have been completed.

Indonesia follows first-to-file system as stipulated under Article 34 (1) of the Indonesian Patent Law No. 14/2001 that runs as follows:
“If there are more than one application for a similar invention filed by different applicants, the application that shall be accepted is one that was first filed.”

When a patent application should be filed?
- A patent application should be filed as soon as possible considering Indonesia follows first-to-file system.

What kind of inventions cannot be granted for patent?
- The inventions that cannot be granted for patent under Article 7 of the Indonesian Patent Law No. 14/2001 are:
1) Invention concerning any process or product of which the announcement and use or implementation contravenes the prevailing rules and regulation, religious morality, public order or ethics;
2) Invention concerning any method of examination, treatment, medication, and/or surgery applied to humans and/or animals;
3) Invention concerning any theory and method in the field of science and mathematics; or
4) Invention concerning all living creatures, except micro-organism
5) Invention concerning any biological process which is essential in producing plant or animal, except non-biological process or microbiological process.

May each patent application be filed for some inventions?
- No, because “Each application may be filed for one invention only, or a number of inventions that constitute a unity of invention.” (Article 21 of the Indonesian Patent Law No. 14/2001).

What should be done before filing a patent application?
- Before filing patent application, it is recommended to do the following steps:
1) Searching at the Indonesian Patent Office,
This step is intended for obtaining information of the prior art in the same field of invention that probably relates to the invention that will be filed to the Patent Office. Based on information of the prior art, inventor can see differences between the invention that will be filed and the prior art.

2) Analizing,
This step is intended for analizing whether there is feature of the invention that will be filed for patent application compared to the prior art.

3) Decisioning,
If the invention has feature compared to the prior art, the said invention should be filed for patent application. On the contrary if there is no feature, the invention should not be filed in order to avoid lost of filing fees.

What documents should be submitted in filing patent application?
- Documents that should be submitted in filing patent application in accordance with Article 24 of the Indonesian Patent Law No. 14/2001 are:
1) An application for obtaining patent
2) Description, claim, abstract and drawing (if any),
3) Power of Attorney, if patent application is filed by proxy.
4) Inventor’s assignment, if patent application is filed by person other than the inventor.

How description of invention should be drafted?
- Drafting of description or disclosure of invention must be complete and clear in disclosing an invention so that it can be understood by a person skilled in the art. Disclosure of invention should be written in Indonesian language in good and right manner. All wordings in description must use language and term that normally used in the field of technology. The disclosure of invention includes:
- Title of invention, i.e. words arrangement that is selected to be subject of the invention.
- Field of invention, stating about technical field that relates to the invention.
- Background of invention, disclosing the prior art along with its deficiencies and how to solve the deficiencies that is objective of the invention.
- Summary of invention, disclosing shortly about the important parts of the invention
- Brief description of drawings (if any), describing shortly the whole accompanied drawings.
- Detailed description of invention, disclosing content of invention as clear as possible especially features contained in the invention and the accompanied drawings used to clarify the invention.

TRADEMARK

What signs that could not be filed as a trademark?
- A sign that doesn’t bear distinguishable features
o For example: it is too simple, such as a line, a dot, etc.
o For example: it is too complicated, such as painting of tangled thread, poetry, etc.
- A sign that is in contradiction with valid regulations, religious morality, ethical norms or public order.
o For example: painting or wording that violate polite behavior, offend the religious morality or violate the public order such as pornographic painting, etc.
- A sign that constitutes an explanation of or is related to the goods or services being applied for registration.
o For example: painting of citrus fruit for syrup containing citrus.
- A sign that has become public property
o For example: painting of thumb up that generally known as compliment.
- Ordinary words.
o For example: home, sun, etc.

How long is the term of legal protection for registered trademark?
- A registered mark shall have legal protection for a period of 10 (ten) years as from the filing date and the protection period can be extended.

Can a registered trademark be assigned?
- A registered trademark can be assigned by way of:
a. bequest;
b. testament;
c. grant;
d. agreement; or
e. other reasons justified by the law.

Can right of registered trademark be licensed?
- The proprietor of registered trademark can give license to other party on condition that the licensee will use the trademark for part or all types of goods or services.

When a registered trademark can be deleted?
- A registered trademark can be deleted because of three possibilities, i.e.:
a. at the request from the owner of registered trademark
b. at the Directorate General’s own initiatives
c. at a verdict of the Commerce Court based on cancellation action filed by third party.

What are the reasons for deletion of registered trademark?
- The reasons for deletion of registered trademark are:
a. the registered trademark is not used for trade in goods or service within 3 consecutive years or more as from the filing date or the final use;
b. the trademark being used is not same as the trademark being registered either form or color configuration thereof.
c. the trademark being used for goods or service is not same as the goods or service being registered.


COPYRIGHT

What works are protected under copyright?
- A work that is protected shall be the work in the field of science, arts and literature which includes:
a. Books, computer programs, pamphlets, typographical arrangement of published works, and all other written works.
b. Sermons, lecturers, speeches and other works of utterance.
c. Visual aid made for educational and scientific purposes.
d. Songs or music with or without lyrics.
e. Dramas, musical dramas, dances, choreographic works, puppet shows, pantomimes.
f. All forms of art, such as paintings, drawings, engravings, calligraphy, carvings, sculptures, collage and applied arts.
g. Architecture.
h. Maps.
i. Batik art.
j. Photography.
k. Cinematographic works.
l. Translations, interpretations, adaptations, anthologies, data-base and other works as a result of changing of form of mode.


What is the term of protection for a copyright?
- The term of protection for a copyright can be categorized as follows:
- The copyright of books, pamphlets, and all other written works, dramas, musical dramas, dances, choreographic works, all forms of arts, such as paintings, engravings, sculptures, batik arts, songs or music with or without lyrics, architecture, sermons, lecturers, addresses and other works of utterance, visual aids for educational and scientific purposes, maps, translations, interpretations, adaptations, anthologies are valid for the life of the creator and 50 (fifty) years after his death.
- The copyright of computer programs, cinematographic works, photographic works, databases, works resulting from adaptations are valid for 50 (fifty) years as from the first publication.
- The copyright of works that are owned or held by a legal body is valid for 50 (fifty) years as of from the first publication.
- The copyright of works that are held or exercised by the State is valid without any time limit.


INDUSTRIAL DESIGN

What is the term of protection for industrial design?
- The protection for industrial design is provided for 10 (ten) years as from the filing date.

Who is subject of industrial design rights?
- One that entitled to obtain industrial design rights is a designer or those receiving the rights from the designer;
- In case the designers consisting of several people collectively, the industrial design rights shall be granted to them collectively, unless otherwise stipulated in agreements.
- In case the industrial designs being produced under official relations with other parties within their work environment, holders of the industrial design rights shall be parties for and/or in which the industrial designs are worked on, unless there are agreements between both parties without reducing rights of designers, in the case of the use of the industrial designs being expanded beyond the official relations.
- In case the industrial designs being produced under working relations or on the basis of orders, parties producing the industrial designs shall be considered designers and holders of rights to the industrial designs, unless the two parties make a different agreement.

Is it possible to file more than one design in one application?
Yes, an application can be filed for more than one industrial design on condition that said industrial designs constitute a unity of an industrial design, or have the same class. An example of a unity of an industrial design is a set of items such as teapot, cup, glass, and topless having same configuration or composition of line or color or having same form.

Can industrial design right be transferred or assigned?
- Industrial design right may be transferred by inheritance, donation, testament, written agreement, or other reasons recognized by the Law.
The transfer of industrial design right must be accompanied with documents regarding the transfer, and must be recorded in the General Register of Industrial Designs at the Directorate General with the payment of a fee as regulated in the Law.
The transfer of Right to Industrial Design that is not recorded in the General Register of Industrial Designs shall not have any legal effects on any third parties.
The transfer of Right to Industrial Design shall be announced in the Official Gazette of Industrial Designs.


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