TOPIC : GENERAL QUESTIONS ON FILING PROCEDURE IN INDONESIA

Question 1
Kindly let us know what is the deadline for requesting examination (patents) if the national phase of a PCT application is entered?
(Example of fictive response: 5 years from the PCT filing date)

Answer 1
3 years from the PCT filing date.

Question 2
If the deadline for requesting examination has expired, does your national law foresee a remedy, or has the application definitively lapsed?
(Example of fictive response: 2 months after receipt of a noting of loss of rights it is possible to file a reinstatement request and to pay a surcharge).

Answer 2
No provision for remedy. Application will be considered withdrawn.

Question 3
Does your law foresee that a small entity status enjoys a reduction of fee(s)?

Answer 3
Yes.

Question 3 (a)
If yes, please mention the definition of a small status entity
(Example of fictive response: 20 employees or less)

Answer 3 (a)
A small entity is an enterprise with a capital below USD 500.

Question 4
Please provide us with all blank documents in English and your national language (for patent applications) necessary for completing the entry into the PCT national phase (patent applications) in your country
(Example of fictive response: Power of attorney form (Word), Assignment document (Word) in English and your national language, forms P3&P26 (Word) …)

Answer 4
Documents required are as follows:
(a) Power of Attorney (POA)
(b) Deed of Assignment (DOA)
(c) Declaration of Entitlement (DOE)

Question 5
Provide us with all blank documents in English and your national language (for designs) necessary for completing the filing of a design application in your country.
(Example of fictive response: Power of attorney form (Word), Assignment document (Word) in English and your national language, forms P3&P26 (Word) …)

Answer 5
Documents required are as follows:
(a) Power of Attorney (POA)
(b) Deed of Assignment (DOA)
(c) Statement of Industrial Design Owner (SIDO)

Question 6
What is the deadline for filing the documents mentioned in items 4 and 5?
(Example of fictive response: 2 months from the 30/31 months deadline from the PCT filing date (patent applications) / filing date (designs))

Answer 6
Item 4 (patent)
(a) A copy of the POA must be submitted at the time of national phase entry followed by submission of the original within 3 months from actual filing date in Indonesia
(b) DOA must be submitted within 3 months from actual filing date in Indonesia
(c) DOE must be submitted within 3 months from actual filing date in Indonesia

Item 5 (design)
(a) A copy of the POA must be submitted at the time of filing the design application followed by submission of the original within 3 months from actual filing date in Indonesia
(b) DOA must be submitted within 3 months from actual filing date in Indonesia
(c) SIDO must be submitted within 3 months from actual filing date in Indonesia

Question 7
Kindly let us know if the deadline mentioned in item 6 has expired, is there still an extension of time possible with surcharge?
(Example of fictive response: yes, 2 months from the communication date of the PTO + surcharge)

Answer 7
Both the patent and design applications cannot be filed without a copy of the POA.

For patents, if the original POA, DOA and DOE are not available within 3 months from the actual filing date, the same may be submitted after a 2-month extension without official fee. After the 2-month extension, a further 1-month extension with official fee can be obtained to submit the required documents.

For designs, if the original POA, DOA and SIDO are not available within 3 months from the actual filing date, a 1-month extension without official fee can be obtained to submit the required documents.

Question 8
If the deadline mentioned in item 7 has expired and no document has been filed, what is the legal consequence for the application regarding each document?
(Example of fictive response: assignment: application deemed withdrawn; POA: no representation possible; priority document: loss of priority date)

Answer 8
The application will be considered withdrawn.

Question 9
If it is possible to file a General Power of attorney, please provide us with such document in a MICROSOFT WORD format only (to enable us to fill in documents ourselves).

Answer 9
No.

Question 10
Should an assignment document be notarized?

Answer 10
If the specially drafted assignment form is available, a duly signed assignment form in original is sufficient. If a global or existing assignment is available, the same must be notarized.

Question 11
Should an assignment document be legalized by Apostille or by the Consulate (please precise by Apostille or by the Consulate, if any)?

Answer 11
No.

Question 12
If possible, please provide us with a copy (in PDF format) of any General Power of Attorney form duly signed, we sent you in the past
(Example of fictive response: General POA for Total Petrochemicals… in PDF format attached)

Answer 12
N/A.

Question 13
Does your PTO request the filing of original documents (POA, assignment) or is a copy sent only by fax of those documents accepted by your PTO?
(Example of fictive response: a copy sent only by fax is accepted, no original needed).

Answer 13
All original documents must be submitted.

Question 14
In case the priority document is drafted in a language other than English, do you need a verified English translation of the priority document, i.e. duly verified by the translator or authorized by the applicant?

Answer 14
Yes, a verified English translation of the priority document, i.e. duly verified by the translator will be required.

Question 14 (a)
If yes, what is the deadline for filing such translation with your PTO?

Answer 14 (a)
Within 3 months from the actual filing date of the patent or design application.

Question 14 (b)
What is the legal consequence if the priority document is not filed within the deadline? (Example of fictive response: loss of priority date).

Answer 14 (b)
Loss of priority date.

Question 15
What is/are the official language(s) for filing a patent application?
(Example of fictive response: English or French only)

Answer 15
Indonesian Language only.

Question 16
What is/are the official language(s) in which documents like POA, assignments must be drafted?
(Example of fictive response: English or French only)

Answer 16
Indonesian Language only.

Question 17
Kindly let us know if you need particulars for filing an application in your country (patent application number, copy of the office actions, responses to the office action, …) of corresponding foreign patent applications/patents?

Answer 17
No.

Question 17 (a)
If yes, mention the countries/organization(s) (example of fictive response: US, AU, EP)

Answer 17 (a)
N/A.

Question 17 (b)
If yes, is there a deadline for filing these particulars?

Answer 17 (b)
N/A.

Question 17 (c)
If yes, what is the legal consequence if we do not file such particulars despite corresponding foreign patent application(s)/ patents exist?

Answer 17 (c)
N/A.