Feb 11, 2021 — Surat Pernyataan Kepemilikan Invensi oleh Inventor (jika ada) 1) Jika lebih dari satu orang maka cukup satu saja yang dicantumkan dalam
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ID National Phase National Chapter ID Page 1 ( 4 November 2021 ) DIRECTORATE GENERAL OF INTELLECTUAL PROPERT Y (INDONESIA) AS DESIGNATED (OR ELECT ED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE SUMMARY THE PROCEDURE IN THE NATIONAL PHASE ANNEXES Fees .. . Annex ID.I Form for entering the national phase .. .. Annex I D.II Patent substantive examination application form .. Annex ID.III List of abbreviations: Office: Directorate General of Intellectual Property (Indonesia) PL: Indonesian Patent Law GR: Government Regulations of the Republic of Indonesia concerning Proc edure for Patent Application
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ID National Phase National Chapter ID Page 3 ( 4 November 2021 ) SUMMARY Designated (or elected) Office SUMMARY ID DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY (INDONESIA) ID Summary of requirements for entry into the national phase Time limits applicable for entry into the national phase: Under PCT Article 22( 3 ): 3 1 months from the priority date 1 Under PCT Article 39(1)(b): 31 months from the priority date 1 Translation of international application required into: 2 Indonesian Required contents of the translation for entry into the n ational phase: 2 Under PCT Article 22: Description, claims (if amended, both as originally filed and as am end ed, together with any statement under PCT Article 19 3 ), any text matter of drawings, abstract Under P CT Article 39(1): Description, claims, any text matter of draw ings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the inter national preliminary examination report 2 ) Is a copy of the internat ional application required? No National fee: 2 Currency: Indonesian rupiah (IDR) Filing fee: electronic filing: IDR 1,250,000 paper filing: IDR 1,500,000 Additional filing fee: for each page of the descri ption in excess of 30 : IDR 15,000 Claim fee for each claim in excess of 10: IDR 75,000 Substantive examination fee: IDR 3,000,000 Exemptions, reductions or refunds of the national fee: None Special requirements of the Office (PCT Rule 51 bis ): 4 Appointmen t of an agent if the applicant is not resident in Indonesia Instrument of assignment of the international application if the applicant has changed after the international filing date Document evidencing a change of name of the applicant if the change occur red after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306) Translation of the international application to be furnished in three copies 5 [Continued on next page] ______________ 1 This time limit may be extended provided the applicant pays an additional fee fo r late entry into the national phase. 2 Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1). 3 Where the applicant furnishes only one translation and does not furnish the missing translation upon invitation by the office , the latter will proceed upon the basis of the translation of the international application as originally filed or as amended, as the case may be. 4 If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the appli cant to comply with the requirement within a time limit fixed in the invitation. 5 Where the application is filed electronically, only one copy of the translation in electronic form has to be furnished.
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ID Page 4 National Phase National Chapter ID ( 4 November 2021 ) SUMMARY Designate d (or elected) Office SUMMARY ID DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY (INDONESIA) [Continued] ID Who can act as agent? Any person registered to practice as a patent consultant in Indonesia Does the Office accept requests for restoration of the right of priority (PCT Rule 49 ter .2)? No
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ID National Phase National Cha pter ID Page 5 ( 4 November 2021 ) THE PROCEDURE IN THE NATIONAL PHASE ID.01 FORMS FOR ENTERING THE NATIONAL PHASE. The Office has available a special form for entering the national phase (see Annex ID.II). The form should preferably (but need not) be used. It is strongly recommended that the national phase application be filed system at: https://paten.dgip.go.id/site/login . ID.02 TRANSLATION (CORRECTION). Errors in the translation of the international application can be corrected with reference to the t ext of the international application as filed ( see National Phase, paragraphs 6.002 and 6.003 ). ID.03 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex ID.I. PL Art. 2 5 ID.0 4 INVENTOR. The indication of the name and nationality of the inventor is required and must be furnished, at the latest, at the time of entry into the national phase. PL Art. 51 ID.05 REQUEST FOR EXAMINATION. The Office examines patent applications a s to substance. The applicant must request substantive examination on a special form (see Annex ID.III) no later than 36 months from the international filing date and pay a special fee (see Annex ID.I). GR Art. 2(3), 3 ID.06 POWER OF ATTORNEY . An age nt must be appointed by means of a separate power of attorney. ID.07 PRIORITY DOCUMENT (TRANSLATION). The Office requires a translation of the priority document in English but only if needed during national examination or other processing. If the requ ired translation is not furnished, the Office will invite the applicant to furnish it within two months from the date of the invitation. The translation need neither be certified nor verified. PCT Art. 28 41 PL Art. 38 – 39 ID.08 AMENDMENT OF THE APPLICA TION; TIME LIMITS. The applicant may amend or correct the claims, description, and drawings in the international application at any time before the grant of the patent provided that the scope of protection of the application is not extended thereby. PL A rt. 126 – 129 ID.09 ANNUAL FEES. The first payment of the annual fees must be made before the expiration of six months as of the date the patent is granted. The first payment of the annual fees includes annual fees for the first year as from the internati onal filing date of the application until and including the year the patent was granted plus the annual fee for the following year. Each subsequent payment of the annual fees should be made in the relevant subsequent year no later than one month before the date having the same number as the month and the day on which the patent was f iled . If the annual fee has not been paid within the applicable time limit, the patent will be declared null and void . Annual fees may be paid within a grace period of 12 months from the expiration of the deadline for paying the fees, upon a written request for extension of the time limit and payment of the prescribed surcharge fee for late payment (see Annex ID.I) . A request for extension of the time limit must be submitted to the Office not later than seven days before the expiration of the time limit for paying the fees. PCT Art. 24(2) 48(2) PCT Rule 82 bis ID.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS. Reference is made to paragraphs 6.022 to 6.027 of the National Phase .
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ID Page 6 PCT Applica National Phase National Chapter ID ( 4 November 2021 ) PCT Art. 25 Rule 51 ID.11 REVIEW UNDER ARTICLE 25 OF THE PCT. The applicable procedure is outli ned in paragraphs 6.018 to 6.021 of the National Phase . If, upon review under PCT Art icle 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against the decision may be lodged with the nat ional IP Office . PL Art. 67 – 73 ID.12 APPEALS. An appeal may be filed : a) against refusal of a patent application, b) to correct the description, claims, and /or drawings after the grant of a patent, c) against a decision to grant a patent . An a ppeal shall be filed in writing to the Patent Appeal Commission, with a copy to the Patent Office, and is subject to the payment of a fee (see Annex ID.I) . An appeal against a refusal of the application shall be filed not later than three months as of the mailing date of the notification of refusal of the patent application. An appeal to correct the description, claims, and /or drawings after the grant of a patent shall be filed within three months as of the mailing date of the notification of intention to grant a patent . Corrections must be limited to the following: a) limitation on the scope of claims, b) corrections of errors in the translation of the description, and/or c) clarification of the contents of the description that is unclear or amb iguous . Corrections may not result in a wider scope of protection of the invention than the scope of protection of the invention as originally filed . An appeal against the decision to grant a patent shall be filed not later than nine months from the d ate of the notification to grant a patent . If the appeal against a decision to grant a patent has not been made within the applicable period, an applicant may appeal by filing a lawsuit to the Commercial Court.
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ID National Phase National Chapter ID Annex ID.I ( 4 November 2021 ) FEES (Currency: Indonesian rupiah) Filing fee electronic filing .. .. 1,250,000 paper filing .. .. 1,500,000 Additional filing fee for each page of the description in excess of 30 .. 15,000 Substantive examination fee .. 3,000,000 Additional fee for each claim in excess of 10 .. 75,000 Change in type of patent application .. 450,000 Fee for recordation of assignment of patent .. . 700,000 Appeal fee : refusal of the application .. . 3,000,000 correction of the description, claims and/or drawings after the patent a pplication has been granted 3,000,000 decision on granting a patent .. . 3,000,000 Additional fee for late entry into national phase .. .. 5,000,000 Basic fee Additional fee for each claim Annual fees: from the 1 st to the 3 rd year , per year .. 1,000,000 75,000 from the 4 th year to the 5 th year , per year . 1,250,000 100,000 for the 6 th year , per year .. .. 1,750,000 175,000 from the 7 th year to the 8 th year , per year . 2,250,000 225,000 for the 9 th year , per year .. .. 3,000,000 300,000 for the 10 th year , per year .. . 4,000,000 300,000 from the 11 th year to the 20 th year, per year .. 6,500,000 500,000 Fee for late payment of the annual fee .. . 100% of the applicable annual fee How can payment of fees be effected? The payment of fees must be effected in Indonesian rupiah. Payments can be made by money order, cheque or bank draft (transfer to Government account). All payments must indicate the application number (national if already known; international if the national number is not yet known), the name of the applicant an d the category of fee being paid.
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