How to file a patent in Indonesia?

How to file a patent in Indonesia? Goytia and Associates

The Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights is Indonesia’s official authority responsible for administering patents, trademarks, industrial designs, and other intellectual property rights. If you are looking to file a patent in Indonesia, the DGIP is the competent office to contact for a smooth and efficient registration process.

What is a patent in Indonesia

In Indonesia, the Directorate General of Intellectual Property (DGIP) grants patents only when inventions meet three essential criteria. To secure a patent, you must prove that your invention satisfies each of the following standards:

Novelty:
Your invention must be new and must not have been publicly disclosed anywhere in the world before the filing or priority date.

Inventive Step:
Your invention must represent a non-obvious improvement and cannot be easily derived from prior knowledge by someone skilled in the relevant field.

Industrial Applicability:
Your invention must be useful and capable of being manufactured, applied, or used in industry, including services.

Indonesia also excludes specific types of subject matter from patent protection. In particular, DGIP does not grant patents for:

  • Scientific and mathematical theories.

  • Business schemes, rules, and methods.

  • Computer programs as such (although software-based inventions may be patentable if they produce a technical effect).

  • Discoveries of natural substances or biological processes essential for plant or animal reproduction.

  • Inventions that violate public order, morality, laws, religion, public health, or environmental sustainability.

patent goytia

Some of Indonesia patent reports:

  • Patent applications filed in 2023: 13,767.
  • Patents granted: 5,163.
  • Top three technology areas for granted applications: Digital communication (20.1%), Computer technology (14.6%) and Semiconductors (8.3%).

How to file a patent in Indonesia?

Required Documents for Filing a Patent in Indonesia

When filing a patent application in Indonesia, you must submit the following documents to the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights.

1. Patent Application Form, which includes:

  • Title of the invention

  • Full details of the applicant (name, address, nationality or incorporation country)

  • Local address for service in Indonesia

  • Earliest priority date (if claiming priority)

  • Declaration of inventorship and entitlement to the patent

Foreign applicants must appoint a local patent attorney, who will provide the local address for service.

2. Description of the Invention

The description must:

  • Clearly and fully disclose the invention so a person skilled in the art can reproduce it

  • Include technical background and problem addressed

  • Contain drawings if necessary (in grayscale)

3. Claims

Claims must:

  • Define the invention based on technical features—not commercial descriptions

  • Include at least one independent claim

  • Be clear, concise, and fully supported by the description

A single application may cover a single invention or a group of inventions forming one inventive concept, in accordance with Indonesian patent law.

4. Abstract

The abstract must:

  • Summarize the invention and highlight its key technical features

  • Assist examiners and the public in understanding the invention quickly

  • Not be used to interpret the legal scope of protection (which is defined by the claims)

5. Specification Requirements

The specification must be sufficiently detailed to allow a skilled person to reproduce the invention, including:

  • All essential technical features required to perform the invention

  • For methods or processes → full sequence of necessary steps

  • For products or apparatuses → structure, function, and method of manufacture

Language Requirements

All documents must be submitted in Bahasa Indonesia. If documents are filed in another language, a certified Indonesian translation must be provided.

You may be interested in filing a trademark in Indonesia.

How is the Patent process in Indonesia?

Patent Examination and Grant Procedure in Indonesia

Once a patent application is filed, the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights begins the examination and granting procedure. Applicants should remain proactive throughout the process, monitor official notifications, and respond within deadlines to avoid delays or rejection. The procedure generally involves the following stages:

Once you file your patent application, the Directorate General of Intellectual Property (DGIP) begins the examination and granting process. Applicants must stay proactive, monitor all official correspondence, and respond promptly to DGIP actions to avoid delays, suspension, or rejection. The procedure generally follows these stages:

Formality Examination – DGIP reviews the application to ensure it meets formal filing requirements, including correct documentation and payment of initial fees.

Publication – DGIP publishes the application 18 months from the filing or priority date. Applicants may request early publication to expedite subsequent examination.

Substantive Examination – DGIP examines the application to determine whether it meets all patentability requirements, including novelty, inventive step, and industrial applicability. Applicants must file a request for substantive examination—this step is not automatic.

Decision to Grant – If the application satisfies all legal requirements, DGIP issues a decision approving the grant of the patent.

Issuance of Patent Certificate – DGIP grants the patent and publishes the grant in the official gazette.

Maintenance – Patent holders must pay annual maintenance fees starting from the fifth year after the filing date and continue each year thereafter to keep the patent in force.

Check out this list of required documents required to file a trademark in Indonesia.

Some Extra Facts

Novelty Grace Period

Indonesian patent law provides a 12-month novelty grace period before the filing or priority date. During this period, the inventor or their legal successor may disclose the invention—through publications, public use, or exhibitions at officially recognized events—without losing patentability, as long as the disclosure meets the requirements set under Indonesian Patent Law.

Grant, Term of Validity, and Maintenance Fees

Patents in Indonesia remain valid for 20 years from the filing date, provided the applicant pays annual maintenance fees on time. After DGIP grants the patent, applicants must pay both granting and publication fees. They must also begin paying annual maintenance fees starting in the fifth year after the filing date and continue each year thereafter. Applicants may choose to pay these fees in advance.

Duration of the Registration Procedure

The patent registration process in Indonesia typically takes 5 to 7 years from filing to grant. Processing times vary based on the invention’s complexity, DGIP’s examination backlog, and how promptly the applicant responds during examination.

Representation by a Patent Attorney

Foreign applicants must file and prosecute patent applications through a locally registered patent attorney authorized to represent them before the Directorate General of Intellectual Property (DGIP).

Why Work with Goytia & Associates?

Goytia & Associates maintains a strong presence in Latin America and works with trusted local partners across Asia, including Indonesia. We provide efficient, cost-effective IP services with a global reach, enabling clients to manage patent filings and portfolios in more than 120 jurisdictions worldwide through a single, reliable partner.

Do you need to file a patent in another country other than Indonesia?

This content may suffer modifications due to updates in the official regulations of Indonesia.