Procedures

Estimated eighteen (18) to thirty (30) months for smooth application

  • Trademark searches to check the availability and registrability of the trademark (optional)
  • Filing new trademark application
  • Formality examination
  • Substantive examination
  • Publication in Trademark Official Journals (two (2) months) for opposition (if any)
  • Proceed to registration
Requirements
  • Name, nationality and address of the applicant(s)
  • Representation of a trademark (preferably JPG file type)
  • Specification of goods/services
  • Declaration of Entitlement / Statement of Mark Ownership
  • Power ofAttorney
  • Priority details (if any)
  • Certified true copy of Priority Document (if priority is claimed)
Validity Term / Renewal
  • Ten (10) years from the filing date and renewable for periods of ten (10) years
  • Application for renewal must be filed within six (6) months before expiry date
  • Late renewal may be filed within a six (6) - month grace period after expiry date with payment of surcharge
Remarks*
  • Multiple-class trademark application is available (limited to three (3) classes of goods/services)
  • Non-conventional trademarks including 3D mark, sound mark and hologram are registrable
  • If a trademark is not used for three (3) consecutive years, the trademark registration is vulnerable for cancellation at the request of a third party or on the initiative of the IP Office.
  • International Application via Madrid System is available
  • Priority claim of trademark application is available via Paris Convention route
Legal Basis
  • Amendments to the Trademark Law (effective on 28 November 2016), updating the Trademark Law No. 15, which had been in force since 2001
Procedures

Estimated three (3) to four (4) years for smooth application

  • Filing new patent application
  • National Phase entry via PCT route within thirty-one (31) months from the earliest claimed priority date OR
  • Patent application via Paris Convention route within twelve (12) months from the earliest claimed priority date
  • Formality examination
  • Publication at around eighteen (18) months from filing date for a period of six (6) months for opposition  (if any)
  • Substantive examination (Request to be filed within thirty-six (36) months from International or Convention filing date)
  • Grant of the patent
Requirements
  • Name, nationality and address of the applicant(s) and inventor(s)
  • Deed of assignment if the applicant(s) is not the inventor(s)
  • Patent specification including description, claims, abstract and drawing(s)
  • Power of Attorney
  • Priority details (if any)
  • Certified copy of Priority Document (if priority is claimed)
  • WIPO publication (for PCT route)
  • Application should be filed in Indonesian
Grant & Maintenance
  • Twenty (20) years from the filing date
  • Annual maintenance fees are due each year after date of grant
  • Late payment of annuities is subject to surcharge
Remarks*
  • Novelty grace period: six (6) months before first priority date or filing date
  • Inventions may also be protected as Utility Model (Simple Patent) with validity term of ten (10) years from the filing date
Legal Basis
  • Regulation Number 38 of 2018 regarding Patent Application
  • Law No. 13 of 2016 regarding Patent
Procedures

Estimated twelve (12) to eighteen (18) months for smooth application

  • Filing new industrial design application
  • Paris Convention route to be filed within six (6) months from the earliest claimed priority date
  • Formality examination
  • Publication within three (3) months from the filing date
  • Opposition / Objection (should be filed at the latest 3 months as of the date of commencement of the publication) (if any)
  • Substantive examination
  • Proceed to registration
Requirements
  • Name, nationality and address of the applicant(s) and designer(s) / author(s)
  • Representation of the design with respective view(s) to be filed
  • Title and brief description of the design
  • Classification of the design in accordance with Locarno Classification
  • Deed of assignment if the applicant(s) is not the designer(s) / author(s)
  • Power of Attorney
  • Priority details (if any)
  • Certified copy of Priority Document (if priority is claimed)
  • Application should be filed in Indonesian
Validity Term & Maintenance
  • Ten (10) years from the filing date
  • No renewal or annual maintenance available
Remarks*
  • Multiple design application is available
  • Novelty grace period: six (6) months before first priority date or filing date
Legal Basis
  • Law No. 31 of 2000 about Industrial Design in Indonesia (effective 20 December 2000)
Requirements
  • Sample of the work or creation (can be in the form of: printed materials, CD/USB (for software creation) and manual book)
  • Power of Attorney
  • Declaration of ownership
  • Deed of Assignment executed by the author(s) or creator(s) if the applicant(s) is not the author(s) or creator(s)
  • Name, nationality and address of the applicant(s) and the author(s) or creator(s)
  • Type and title and brief descriptions of the copyright
  • Information on the first publication of the creation
  • Application should be filed in Indonesian
Protection Duration
  • Copyright protection generally lasts for the creator's lifetime and seventy (70) years after his or her death with exceptions:
  • Twenty-five (25) years from first publication for software, cinematographic and photographic works, images and adaptations
  • Infinity for traditional cultural expressions that are held by the state
  • Fifty (50) years from creation for works created by legal entities
Remarks*
  • Copyright protection is obtained automatically without any need for registration or other formalities
  • Registration of copyright is in voluntary nature but can be recorded for the purpose of evidence of legal ownership
Legal Basis
  • Law No. 28 of 2014 concerning Copyright