Who is Eligible to File a Patent in Indonesia
Any applicant who has filed a valid international application under the PCT can enter the national phase in Indonesia. Accepted applicant types include:
- Individuals
- Corporate entities
- Universities and research organizations
- Startups and technology companies
- Government organizations and foreign investors
Foreign applicants must be represented by a registered Indonesian patent attorney or agent. Local representation is mandatory to ensure compliance with Indonesian procedural rules and to handle official communication, office actions, hearings, and enforcement-related matters.
Critical Deadline for Indonesia Patent Filing (31-Month Rule)
Indonesia follows the 31-month deadline from the earliest priority date to enter the national phase. This applies to both Chapter I and Chapter II PCT applications. To validly enter the national phase, applicants must submit:
- A request for national phase entry
- An Indonesian translation
- Required documents and applicant details
- Applicable government fees
Failure to meet the 31-month deadline typically results in loss of rights unless the applicant uses the permitted late-entry mechanism.
Extensions After Expiry of the Deadline
Indonesia allows late national phase entry after the expiry of 31 months. Applicants may still enter the national phase late by paying an additional late entry fee, provided the required documents are submitted within the acceptable timeframe set by the Patent Office.
This provision offers flexibility to applicants who inadvertently miss the primary deadline. However, using the late-entry route should be considered an exception rather than a standard practice, as delays may impact:
- Examination timelines
- Commercial exploitation
- Potential enforcement
Timely filing remains the best practice for ensuring smooth prosecution.
Filing Language for Indonesia Patent Application
All national phase submissions in Indonesia must be filed in the Indonesian language. This includes:
- Full specification
- Claims
- Abstract
- Description
- Drawings (if applicable)
Translations must be accurate and technically consistent with the original application of PCT Filing. Errors or inconsistencies in translation can lead to objections during examination and can weaken future enforcement actions.
Required Documents to File a Patent in Indonesia
To validly enter the national phase in Indonesia, the following documents are required:
- Application Form for National Phase Entry: A formal request submitted through a local patent agent.
- Indonesian Translation of the PCT Application: A full Indonesian translation of the entire specification, including all claims and drawings.
- Power of Attorney (POA)
- Must be signed by the applicant.
- No notarization, legalization, or apostille required.
- A simple signature is sufficient.
- Assignment (if the applicant differs from the inventor)
- Required when the applicant is not the inventor.
- A simple signed copy is sufficient.
- No legalization or notarization required.
- Inventor Details: Full names, nationalities, and addresses.
- Priority Documents (if not submitted earlier)
May be required during substantive examination.
Ensuring all documents are accurate and submitted within deadlines is essential to avoid procedural delays or refusal.
Indonesia Patent Search and Examination Procedure
Indonesia conducts a formality check immediately after national phase entry. This includes verification of:
- Translations
- Documentation completeness
- Fee payments
- Applicant and inventor details
Following a successful formality review, the application becomes eligible for substantive examination, which evaluates:
- Novelty
- Inventive Step
- Industrial applicability
- Patentable subject matter
The examiner may rely on international reports, but conducts an independent assessment under Indonesian law.
Examination Process and Office Actions
Substantive examination begins only upon request. During this phase, the Patent Office may issue office actions addressing:
- Prior art objections
- Clarity and support issues
- Amendments needed for claim structure
- Formal discrepancies
- Subject matter exclusions
Applicants must respond within statutory deadlines. Failure to respond will result in the application being deemed withdrawn.
Office action responses may involve:
- Claim amendments
- Technical arguments
- Clarifications
- Submission of additional documents
Skilled and strategic prosecution significantly influences the speed of grant and the strength of the final patent.
Deadline for Requesting Examination
The request for substantive examination must be filed within 36 months of the international filing date.
If the request is not filed within this period, the application is considered withdrawn and cannot proceed to grant.
Publication Process and Legal Impact
After formal acceptance, the patent application is published in the Indonesian Official Patent Gazette. Publication:
- Notifies the public of the pending rights
- Initiates the period for third-party observations
- Strengthens the applicant’s position for market negotiations
- Serves as evidence of pending protection
Although enforceable rights begin only upon grant, publication may deter potential infringers and establish early commercial awareness.
Grant Process and Enforceability
When the examiner determines that all requirements are satisfied, a Notice of Allowance is issued. Upon paying the grant fee, the patent proceeds to grant.
A granted Indonesian patent provides:
- Exclusive use rights
- Right to sue infringers
- Right to claim damages
- Right to licensing and commercial exploitation
- Ability to seek injunctions
Indonesia allows civil actions and other legal remedies against infringers, and a granted patent is considered a fully enforceable asset in business negotiations, licensing, and dispute resolution.
Validity Term
A standard Indonesian patent is valid for 20 years from the filing date of the application, subject to annual annuity payments.
Typical Time to Obtain a Granted Patent in Indonesia
The time required to obtain a patent in Indonesia may vary depending on workload and complexity. On average:
- 2 to 5 years from national phase filing to grant
Complex applications, extensive office actions, or translation issues may extend this timeline.
Annuities and Maintenance Procedure
Annual maintenance (annuity) fees must be paid to keep the patent in force.
Key points:
- Annuities start from year 3 onward
- Fees increase each year gradually
- A grace period with a surcharge may apply for late payment
- Failure to pay results in a lapse of rights
- Indonesia also requires periodic working statements
Proper annuity management is essential to avoid unintentional loss of rights.
Official Government Fees to File a Patent in Indonesia
NATIONAL PHASE ENTRY & INITIAL FILING FEES (ILS)
| Fee Category | Fee (ILS) | Description |
| National Phase / Patent Application Basic Fee | £2,344 | Standard government filing charge for national phase entry. |
| Reduced Filing Fee (Small Entity / First Patent Criterion) | 1,406 | Discounted fee where reduced status is granted. |
| Excess Claims Fee (per claim over 50) | 601 | Payable when claims exceed the threshold. |
| Excess Pages Fee (per 50 pages over 100) | £293 | Charged for substantial specification size. |
| Priority Document Fee (if applicable) | £1,340 | For submission of certified priority documents. |
EXAMINATION & ACCELERATION FEES (ILS)
| Fee Category | Fee (ILS) | Purpose |
| Substantive Examination Request | 2,100 | Mandatory examination request fee. |
| Accelerated Examination (Applicant-Initiated) | 3,320 | An optional fee to speed examination. |
| Accelerated Examination (Heavy-Use / Large Entity Rate) | 4,980 | Higher bracket when accelerated request exceeds the basic level |
| Third-Party Accelerated Examination | 11,622 | Fee when a third party requests accelerated action. |
PUBLICATION & GRANT FEES (ILS)
| Fee Category | Fee (ILS) | Purpose |
| Grant / Publication Fee | £820 | Payable once the application is approved for a grant. |
| Reduced Grant Fee (Small Entity) | £492 | Discounted grant fee for eligible applicants. |
| Formal Publication Fee (Notice of Allowance) | £1,230 | Advance publication processing charge. |
DEADLINE EXTENSIONS & SURCHARGES (ILS)
| Extension Type | Fee (ILS) | Application |
| 1 Month Extension | £234 | Extend the deadline by one month. |
| 2 Months Extension | £468 | Extend the deadline by two months. |
| 3 Months Extension | 702 | Extend the deadline by three months. |
| 4 Months Extension | 936 | Extend the deadline by four months. |
| 5 Months Extension | 1,170 | Extend the deadline by five months. |
| 6 Months Extension | 1,404 | Maximum routine extension increment. |
Utility Model Protection
Indonesia offers Utility Model (Simple Patent) protection as an alternative to standard patents.
Key features:
- 10-year term
- Lower inventive step requirement
- Faster grant
- Cannot be filed via PCT — must be filed nationally
This is suitable for incremental innovations or minor improvements.
Indonesia Patent Office and Official Website
The Indonesian Patent Office is the Directorate General of Intellectual Property (DGIP)
Official Website: Indonesia Patent Office
