WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual1?roperty Rights I1?~/l/IDNJ1>/l 
27 April 2000 
(00-1701) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
INDONESIA 
The present document reproduces the texe of the following laws and regulations, as notified by 
Indonesia under Article 63.2 of the Agreement (see document IP/N/lIIDN/2): 
Patent Law N° 13 of 1997 on the amendment of Law N° 6 of 1989 
Patent Law N° 6 of 1989 and Implementing Regulations 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA PROPRIETE 
INTELLECTUELLE NOTIFIEES AV TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
INDONESIE 2 
82 
Le present document contient le texte1 des lois et reglementations ci-apn~s, notifiees par I'Indonesie au 
titre de l'article 63:2 de l'Accord (voir le document IP/N/l/IDN/2): 
Loi n° 13 de 1997 sur les brevets portant modification de la Loi n° 6 de 1989 
Loi n° 6 de 1989 sur les brevets et reglements d'application 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 2 
82 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
INDONESIA 
En el presente documento se reproduce el texto1 de las leyes y reglamentos notificados por Indonesia 
en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/IDN/2): 
Ley de Patentes N° 13 de 1997 sobre la modificacion de la Ley N° 6 de 1989 
Ley de Patentes N° 6 de 1989 y Reglamento de aplicacion Pagina 
2 
82 
1 Distributed in English only. The texts of these laws in the original language are available for 
consultation by interested Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations 
interessees peuvent consulter les textes de ces lois, dans leur langue d'origine, au Secretariat de 
l'OMC./Distribuido en ingles solamente. Las delegaciones interesadas podran consultar en la Secretaria de la 
OMC los textos de estas leyes en su idioma original. IP/N/lIIDN/P/1 
Page 2 3. 
4 
5. 
6. 
7. IP/N/lIIDN/P/1 
Page 3 
THE PATENT LA\V OF THE REPUBLIC OF INDONESlA 
CONSOLIDA TED TEXT 
OF LA \V NO.611989 
AS NviENDED BY LAW NO. 13/l997 
GEI-JERAL PROVISiONS 
iu.Licle 1 
Patent means cll PYC1'll<'I'Vr:> ",;o-I1t' ~,d:,r(lnted b~,) the St'ate to an .... ~.... "_.)........ I. .1.::;-_::.:.:...' _ 
inventor for his invention in the field of ttchnology~ for a 
celiain time, to use his invention or to authorise another person 
to use it. 
Invention rncans any activity of solving a certain problem in a 
field of technology, either in the form of a production process 
or product or an i rnprovement or enhancement of a production 
process or product. 
/IlI'clllor means Cl persoll or several persons ([cting together 
condllcting acfidties re.";lIitillg ill all im'entiol1. 
Patent holder means an' inventor as the owner of patent or a 
rccipienr of such right from the owner of a patent or a 
subsequent recipient of the patent from the person mehtioned 
above who is registered in the General Register of Patents. 
Patent examiner mean)' an official who hecause of his expertise 
I,,>' appointed by the Ministcr, 01' by the International Pa/ellts 
Office.to search and examine po/en! applications. 
l\1inister means the Iv1inister whose scope of duties and 
responsibilities includes the guidance of patents. 
Patent Office means the organisational unit within the 
go\'ernmental department \vhich undertakes duties and 
authorities in field of patents. IP/N/lIIDNIPIl 
Page 4 
(1) 
(2) 
(3) 
(j) 
(? -) CHAPTER n 
SCOPE OF PATENTS 
Part One 
Patentable Inventions 
Article :2 
A Patent shall be granted to an 
contains an inventive step and 
application. invention which 1S no\/c1 , 
is caDable of industrial 
An invention contains an inventive: step 
not constitute something obvious to 
average technical skills. I 
if Said irr"remion does 
a person DOSseSSiDg , '-' 
Evaluation of \vhether or not an invention constitutes something 
obvious must be made taking into account the state of the art at 
the time the patent application is filed or \.vhich prevailed at the 
time the first application was filed where the application is fi led 
on the basis of a priority right. 
Article 3 
All invention is deemed to be }Wi'e/, ~lat the time (~lfiljJlg ~f fhe 
paten! application said iJ]Fen/ioll is not Ihe same 01' is 1101 a pal" 
of Oil)' pre\'iolfs im'emio17. 
A previous im'ent;o17 as l'efelTed to ill paragraph (J) is 011 
ill)'entiull ll'hich at the time of or before; 
G. the date offilling of a patent applicatiun, or 
b. the date of filing of a patent application claiming 
priority rights, 
ha.y been announced in Indonesia or outside Indone.:;ja i17 (l 
manner 'which enables .an expert to implement said im'entiol1, 
or ha.)' heen announced ill Illdonesia hy a l 'erhal descriptioll or 
h .... v a demonstrarion of its use or in other ways which enable all 
expert to implement said invention. Article 4 IP /N1l/IDNIPIl 
PageS 
(1) An inventioil shall not be deemed to hape been announced, if, 
within [[ period of at most 6 (six) months prior to the fihng of 
patent application; 
. a. the invention was exhibjted in an official or officially 
recognised international exhibition ill Indonesia or 
ahroad or in an official and cU}lcially recognised 
Jla/iono/ exhibition in Indonesia. 
h. the invention was used ill Indonesia by its inventor in 
relation to experimentation for research and '1 . aevelopmcl1l. 
(2) All im'ention shall also not be deemed to haw? hC(!t1 annoulJced, 
~f. within a period of 12 (nl'elve) months J)l'ior to the jj/ing (l 
parem appiication, it 11'GS CElIl7UUllCed by allY olher person by 
woy of breaching Oil obhgafioll to maillfcdn the secrecy of the 
im 'en ti on. 
/\rticle 5 
An invention is capable of industrial application if said invention can 
be produced or can be used in various types of industry. 
Article 6 
(J) Ally im'cntioll being a proces_)" or product If'hich js !lovel and 
possesses {he qualities of a simple invention which becaus'e (l 
its shape, COJ!figurolioll, cOI1:~;truc'io}J, or cumponent, hml'e\'er, 
possesses jJl'acticalllse Falllc,)-, may granted legal protection in 
the form of a Simple Patent, 
0) The requirement of nOlle if}' for invention as r~ferred to in 
parag7'oph (1) shal! be limited.to iJ1pentiollS used in Indonesia, 
Part l\vo 
Non-Patentable and Postponable Inventions IP/NIl/IDNIPIl 
Page 6 
Article 7 
A patent shaH not be granted to: 
c.. an invention regarding a process or product of which the 
announcement and use or implementation contravenes the 
prevailing regulations, public order or morality; 
b. delel.ed; 
c. deleted; 
d. an invention regarding rn~thods of exammatIOn, tre(i~menl, 
medication, or and surgery applied to people and animais, but 
excluding any products \vhatsoever used \vith or related to said 
methods; 
e. an invention regarding a theory and method in the field of 
science and mathematics . 
. Article 8 
(1) ft may be determined by Presidential Decision to postpone the 
granting of patents for certain inventions, either in the fom1 of 
production processes or products, for a period of at most 5 
(five) years, provided that such determination shall not apply 
to: 
a. an invention which at that time has obtained or been 
granted a patent; 
b. an invention which at the time of issuance of the 
Presidential Decision has been applied for a patent on 
the basis of a priority' right. 
(2) After the expiration of the period of postponement as referred 
to in paragraph (1), the patent application shall directly be 
announced and a substantive examination carried out after the 
expiration of the period of announcement as provided by this 
Act. 
Part Three 
Duration of Patents Article 9 IPINIlIIDNIPIl 
Page 7 
(J) A patent shall he. granted for a period (i 20 (twent}) years 
commencing on the date ojfiiing C!/pafclIf application. 
(2) Jhe dafe of commencement and e;qJily of a patent shall be 
recorded in the General Register of Patents and annoIlnced ill 
the Official Patent Gazette. 
Article 10 
A Sill~!)le Paten! shall be bY]'anled for a period of J 0 (ten) years 
. I" / f' r.l (1' /' P" (" "fj Cr)l71mCllcmg Oll ./Ie ao e cv lSSlfance OJ ,ne ,}lmp e . (.[U?lll _I.!!"i~ iccae. 
Part Four 
Patent Subjects 
Article 11 
(1) The inventor or a subsequent recipient of the rights of the 
inventor sha11 be entit1ed to obtain a patent. 
(2) If an invention is produced jointly by severai persons, 
subsequent recipients of their rights shall be jointly entitled to 
the invention. 
(1 ) .Article 12 
Unless proven otherwise, those persons who first submit a 
patent application shall be deemed to be the inventor. 
A patent shall not be granted to those persons who submit a 
patent application as referred to in paragraph (1) if the 
apIJlication contains copied material taken from a description 
and or drawing regarding the invention of another person for 
\vhich a patent has been requested or granted. IP/N/lIIDNIPIl 
Page 8 
(1) 
(2) , / 
(" I .J/ 
( 4) 
(5) 
(6) Ai1.icle 13 
Unless agreed othef\,vise in an employment contract, the person 
entitled to obtain a patent on an invention produced shall be the 
person who has commissioned the \vork. 
The provision as referred to in paragraph (1) shall also be 
applicable to an invention by an employee or a worker using 
data and facilities available in his \vork even though the 
ernp~oyment contract does not require him to produce an 
invention. 
An inventor as referred to in paragraph (1) and paragraph (2) 
shall be entitled to receive just compensation based on the 
economic benefit that can be obtained from said invention. 
The amount of conmensatiol1 as referred to in paragraph (3) , 
may be paid: 
(a) in a lump sum; or 
Cb) 
(c) , / 
(d) as a percentage; or 
as a combination or a lurn!] sum together vvith a Qift or . ...., ~ 
bonus; or 
a combination of percentage with a gift or bonus, the 
amount to he mutually agreed on by the parties 
concerned. 
\Vhere no agreement can be reached reg:arding the method of 
~ ~ ~ 
calculation and the determination of the amount of 
compensation, the local District Court may be requested to 
decide the matter. 
The provisions as referred to in paragraph (1), paragraph (2) 
and paragraph (3) shall not in any \vay invalidate the right of 
the inventor to have his name included in the patent certificate. 
Article 14 
(1) A person implementing an invention at the time a patent on a 
similar invention has been applied for, shall continue to have 
the right to implement the invention as the prior inyentor, even 
though a patent is subsequently granted for said similar 
invention. IP INIlIIDNIPIl 
Page 9 
(2) The provision as referred to in paragraph (1) shali also apply to 
a patent application filed on the.basis of a priority right. 
Article 15 
The provision as referred to in ;\.rtic1e 14 shall not apply if the person 
implementing said invention implemented it by using knowledge of 
said invention from 3 descriPtion, drav.:inL sarnnlc o( or other .. '"-" ~ , 
information on the invention for which a patcGt has been requested. 
(~". 
f ; ) \-) 
I", ) p 
(4) AJ1ic!e 16 
.L,. person implementing an inve.ntion as referred to in Article 14 
1 ., 1 .. . ~ " 1 may oe recognlseo as t 1C pnor lnventOl", It, arter a patent 1as 
been granted for the similar invention, be submits a request to 
the Patent Office for this purpose. 
An application for recognition as a prior inventor shall be 
accompanied by evidenc~ that the impiementation of said 
invention \vas not performed by using a description, drawing, 
or sample of, or other information on the invention for \vhich a 
patent has been requested. 
Recognition as prior inventor shall be issued by the Patent 
Office in the form of a Prior Inventor Certificate upon payment 
'~.(:' h .C' ot a 1 ee t erelOr. 
A Prior. Inventor Certificate shall expire at the same time as the 
expiry of the patent for said similar invention. 
Part Five 
Rights and Obligations of Patent Holder 
Article 17 
(1) A Patent Holder shall have the exclusive right to exploit his 
patell/, and prohihit auy other persol111.'ho wUhoul his consent: IPlNllflDN/P/1 
Page 10 
(?' "') G. III the ca.',;e (l product patent: make:';, se/Is, imports, 
rents hili, delivers, lIS'CS, makes avaiiahfe fol' sale, or 
rental or delivety of the patented product; 
b. ill (he case Dj proce.s:)· patent: uses (he patented 
producrion process to make products, and cOlllmifs 
other activities as referred 10 in point a. 
III the case (i process patent; slIch prohibition against any 
other person H'ho without Ms consent commits the importation 
as referred to in paraJ:,rraph (I) shall only apply to imported 
products so!ezr produced from the use C?/ the pertinent process 
patent, 
Article 18 
(1) A Patent Holder shall be obliged to implement his patent 
'within the territory of the Republic of Indonesia. 
(2) It shall be precluded from the obligation as referred to in 
paraf,Traph (1), if the implementation of slIch patent, upon 
economic consideration, is only appropriate to be carried out 
ill a regiollal scale. 
(3) 771e exemption prol'ided hI para,graph (2) shall Oll()' be 
appro1'ed by the Patent Office if a written application isfiied 
the Patent Ho/del', furnished with considerations and ei'idcnce 
gil'en hy the authorised GOl'ernment offices. 
(4) Requirementsfor the exemption and procedures of submitting a 
written applica1ion as referred to ill paragraph (3) shall be 
further regulated by a Guvernment Regulation 
Article 19 
For purposes of maintaining the validity of a patent and the recording 
of licenses, the Patent Holder or Licensee must pay maintenance fees 
referred to as annual fees. 
Part Six 
Exceptions to Patent Implementation and Infringement Article 20 IP/N/1/IDNIPIl 
Page 11 
The impOiiation of patented products or products made by a patented 
production process shall not constitute patent implementation. 
A . I ? 1 ...... rtlc e ~. 
In the c{'!se of the importahon of a product made hy lIsing (] process 
. . !' T r]' Y' I 1 4' . I I proleCleC! l{/I(JeJ' [11S L~[\t!, t.7e -'atell! rio/Qcr cy t/w Salu pafenleu. 
process shed! have the rights as provided for in Article J 7 paragraph 
(2) 10 implemun! a legal effort on the imported product [[said product 
H'US made in lJicioi!esio n.r using the puten/ed process . 
. A.nic:ie 22 
deleted 
rH.6PTER In '-" A .. U .I.,'\., 1.1. 
PATENT APPLICATIONS 
Part One 
General 
Article 23 
A patent shail be granted on the basis of an application. 
Article 24 
Each patent application may be filed for one invention only. 
Article 25 
The patent application shall be filed by payment of a fee to the Patent 
Office the amount of which shall be stipulated by the Minister. IPIN/IIIDNIP/I 
Page 12 
(J) 
(2) 
(3) Article 26 
If a patent application is filed by a person other than the 
inventor, the application must be accompanied by a statement 
with adequate supporting evidence that he is entitled to the 
invention concer.ned. 
The Patent Office shall be obligated to send a copy of the 
statement as referred to in paragraph (1) to the inventor. 
The inventor m?\' examine the paLent c.pplication form filed bv 
.,I • .. -' 
(\ pers6n other than the inventor as referred to in paragraph (1) 
and may at his own expense request a copy of said application 
documents. 
A.liicle 27 
(1) :\ patent appiication may be filed through a Patent Consultam 
in Indonesia as proxy, except in certain cases regulated 
otherwise in this La\-\'. 
(2) A Patent Consultant as referred to In paragraph (1) shall be a 
consultant registered in the Register of Patent Consultants at the 
Patent Office. 
(3) Beginning on the date of receipt of the proxy until the date of 
announcement of the patent application concerned. the Patent 
Consultant shall be' obligated to presen'e the confidentiality of 
the invention and all patent application documents. 
(4) Provisions regarding requirements for registration as a Patent 
Consultant shall be regulated by GO\'ernment Regulation. 
Article 28 
(1) A patent application filed by an inventor or someone \vho has a 
right to the invention who does not reside or ha\'e a fixed 
domiciie in the territory of the Republic of Indonesia must be 
fiied through a Patent Consultant ir. Indonesia as proxy. 
(2) The inventor or someone who has a right to the invention as 
referred to in paragraph (1) must declare and elect a residence IP~/lfD)~fP/l 
Page 13 
or legal domici1e In Indonesia for the purpose of said patent 
application. 
Article 29 
(J) A patent application filed by use of a priority right as regulated 
by an international convention on patent protection adhered to 
by the Republic of Indonesia, must he filed \vithin 12 (twelve) 
months commencing on the d3te on which the first patent 
application was received by any country also participating in 
said convention. 
(2) By fully observing the provisions of thi:.; L-nv regarding the 
reouirements which must be fulfilled in 2 natent aJ)nlication, a 
.1 J, ~ .t 
patent application with a priority right as referred to in 
paragraph (1) must be accompanied by a copy of the first patent 
application form validated by the competent authority in the 
country concerned w'ithin a period of 6 (six) months 
commencing on the date of said patent application, provided 
that the time limit as referred to in paragraph (1) is not 
exceeded. 
(3) If the requirements in paragraph (1) and paragraph (2) are not 
fulfilled, a patent application may not be filed by usmg a 
priority right. 
.Article 30 
(1) A patent application shall be filed to the Patent Office 10 
\vriting in the Indonesian Language. 
(2) The patent application form must contain: 
a. date, month and year of application; 
b. clear and full address of the applicant fil ing the 
application intended by 'letter a; 
c. full name and citizenship of the inventor; 
d. where the application is filed by a Patent Consultant as 
proxy. the full name and address of the proxy 
concerned; IPINIlIIDNIPI1 
Page 14 
e. a special power of attorney, where the applica.tion IS 
filed by a patent consultant; 
f. a request that a patent be granted; 
g. title of invention; 
h. a claimed implied in the invention; 
1. a written description of t.he invention which contains 
complete information on way of implementing the 
invention; 
J. dra\vings mentioned in the descript.ion required for 
clarification; 
k. an abstract regarding the invention. 
(3) Further provisions regarding the filing of patent applicat.ions 
shall be regulated by the IVlinistcl". 
~ . 
Part T,vo 
Patent Application with a Priority Right 
Article 31 
Cl) In addition to the copy of the application form as referred to in 
Article 29 paragraph (2), the Patent Office may request tha1 a 
patent application by use of a priority right also be 
accompanied by: 
a. a vaiid copy of the documents connected \vith the 
results of examination carried out \\'ith respect to the 
iirst patent application abroad; 
b. a valid copy of the patent certificate granted in 
connection with the first application abroad; 
c. a valid copy of the decision of the rejection of the first 
patent application abroad if said application \\'as 
rejected; 
d. a valid copy of the decision of canceliation of the 
foreign patent application concerned if said patent was 
ever cancelled; IPINIIIIDNIPII 
Page 15 
e, other docL!ments required to facilitate an evaluation that 
the invention for which a patent is requested is indeed a 
new invention and truly contains an inventive step, 
(2) The fljing of copies of documents as referred to in paragraph 
(1) may be accompanied by separate additional explanations by 
the patent applicant. 
.A ... rticle 32 
Further provisions regarding the filing of patent application by use of a 
nrioritv right shail be regulated bv Government Regulation, , . ~ -- ~ 
(1) 
(" .:.) 
(3 ) Part Three 
Time of Receipt of a Patent Application 
A patent application shail be deemed to have been filed on the 
date of receipt of the patent application by the Patent Office 
after payment of the fee as referred to in Article 25, 
lhe time (lfiling uf patent applicatioll shall hf! rhe dure the 
Pafell! Office has received the patelll application fUlfilling Ihe 
recjlfirl!.lllellfS os referred tu ill Article 30. 
The date of filing of patent application shall be specially 
recorded by the Patent Office. 
Article 34 
(1) If it is evident that there are deficiencies in fulfilling the 
requirements as referred to in Article 30, the Patent Office shall 
request that the deficiencies be corrected \vithin a period of 3 
(three) months commencing on the date of transmittal by the 
Patent Office of the letter requesting that the defiGlencies be 
corrected. IP/NIl/IDN/P1l 
Page 16 
(2) Based on reasons acceptable to the Patent Office, the period as 
referred to in paragraph (1) may be extended by a maximum of 
3 (three) months upon the request of the patent applicant. 
.Article 35 
V/here there are deficiencies as referred to in Article 34, the date of 
filing of patent application shall be the date of receipt by the Patent 
Office oft.hf:, final corrections to said deficiencies . 
. pJiicle 36 
Jfthe deficiencies have not been corrected within the period as referred 
to in Article 34, the Patent Office shall notify the patent applicant in 
writing that the patent application is deemed to have been \l/ithdra\vn. 
Article 37 
If during the initial examination there are found to be two Of more 
patent applications for the same invention, aI1d one of them has been 
filed based on a priority right by the same person, the Patent Office 
shall be entitled to reject said applications on the grounds that only one 
patent application may be filed for the invention, 
Article 38 
(1) If different persons have evidentlv filed more than one 
application for the same invention, only the application \\'hich 
was filed finally or prior in time may be accepted. 
(2) If the patent applications as referred to in paragraph (J) were 
filed on the same date, the Patent Office shall request in \vriting 
that the applicants negotiate to decide which application is to be 
filed and deliver the decision to the Patent Office at the latest 6 
(six) months from the date of transmittal of the written request 
(3) If an agreement or. decision is not reached among the patent 
applicants or it is impossible for them to hold a negotiation or 
the results of the negotiation are not delivered to the Patent 
Office within the period as referred to in paragraph (2), said IP/NI1 IIDN/P/1 
Page 17 
patent applications shall be rejected and the Patent Office shall 
'give notice thereof to the patent applicants in writing, 
Part Four 
Amendments to a Patent Application 
;\rticlc 39 
(1) A pa/ell! app/ication m(~\/ be amended by odding or reducing 
[he number (.if claims, provided that ,~'1ich amendments do no! 
add !l(!lf' matters expanding the st.:ope 0/ invention 0pfJ/ied for 
the (iriginai (1.vphcatioll. 
(2) Amendments of an application as referred to in paragraph (1) 
shail be deemed to have been filed on the same date as the 
original app1ication. 
Ai"licle 40 
(J) Amendments of all application as referred 10 ill Article 39 may 
be filed separately ill one or more applications provided Iha/ 
slIch amendments do not add new matters expanding the scope 
ofim'ell/iull appliedfur the original application. 
(2) \Vhere said amendments constitute a separation of an 
application as referred to in paragraph (1), said application shall 
be deemed to have been filed on the same date as the original, 
application. 
(1' 
, ) Part Five 
\Vithdrawal of a Patent Application 
.Article 41 
A patent appllcation may be \vithdrawn by submittil}g a written 
request to the Patent Office. JP INfl IIDNfPfl 
Page 18 
(2) Further provIsIOns regarding the \vithdrawai of patent 
applications shall be regulated by Government Reguiaiion. 
Part Six 
ExtensIon of Patent Duration 
Dele/ed 
Article 43 
delered 
Pt.1"i i cl e 44 
deleted 
Part Seven 
Prohibitions on Patent Applications 
and Obligations to Preserve Confidentiality 
Article 45 
deleted 
Article 46 
deleted 
CHAPTER IV 
EXAMINATION (2) Part One 
/\nnouncement of Patent Applications 
Article 47 IP/NIl/IDNIPIl 
Page 19 
Ihe Paten! Office shall announce a patent application that has 
fu(filied the req1lirements a/A rticle 29 and 30 and has no! been 
\!'ithdrcns'll. 
The announcement shall be carried out 
Cf. /8 (eighteen) months after the :J'2/e (~rfiling (!l patenz 
appfjcation; 
b. 18 (ejghteel~) months a/rer the dale ({filing: of the first 
paten! opphcntion, in the C({.(le (~l Cl parcm applicatioll 
\l'jfh a priority righf. 
Anicle 48 
(1) Announcement shall last for 6 (six) months and be carried out 
by: 
3. placement on a special announcement board provided 
exclusively for this purpose and which can be easily and 
clearly seen by the public, and; 
b placement of the Official Patent Gazette announced 
periodicallv by the Patent Office. . ., -
(2) The date of commencement of the announcement of'a patent 
application shall be recorded by the Patent Office in the register 
of announcements. 
Article 49 
The announcement shall list the fol1owings: 
a. full name and address of the inventor or the person having a 
right to the invention and the patent consultant where the 
application \vas filed by patent consultant: 
b. deleted; 
c. title of invention; IPINIlIIDNIPIl 
Page 20 
d. the date of filing of patent application Of, in the case of a patent 
application is filed with a priority flght, the date, number and 
country \vhere the. patent application was first filed; 
c. an abstract . , 
f c!as.'·;ijicatio17 aIthe invention ,. 
drawings, if any. 
Article 50 
The ?atent Office will provide a special place to provide any interested 
member of the public with an opportunity to see the documents of 
announced patent applications. 
Article 51 
(J) During the period of announcement, any person, af1er having 
seen the announcement of the patent application, may submit 
written comments or objections to the patent application 
concerned stating the reasons therefor. 
(2) \Vhere there are any comments or objections as referred to in 
paragraph (1), the Patent Offlce shall imrnediately send a copy 
of the letter containing the comments or objections to the patent 
applicant. 
(3) The patent applicant shall have the right to submit to the Patent 
Office written denials and explanations with respect to such 
comments or objections. 
(4) The Patent Office shall use the comments or objections, denials 
and explanations as referred to in paragraph (1) and paragraph 
(3) as additional information for consideration during the 
examination of the patent application concerned. 
Article 52 
(1) \Vith the approval qf the i\.1inister, the Patent Office may decide 
not to announce a patent application, if it considers said 
invention and its announcement to be potentialiy disturbing or 
contrary to the interest of the defence and security of the State. IPINIlIIDNIPIl 
Page 21 
(2) The decision not to announce a patent application as referred to 
in paragraph (1) shall be made known in writing to the p3tent 
applicant by the Patent Office with a copy to the inventor or the 
person having a right to the invention if the patent application 
was filed by a patent consuitant. 
(3) The provisions as referred to in Article 48 and ATtlcle 49 shall 
not apply to an unannounced patent application. 
(4) Any consultation held hy the Patent OffIce with other 
government agencies, including the for\,varding of information 
" . ".c h" I t b 1 concernmg an lnVentJon lor W Jcn a patent. nas ')eer. rcquestccl, 
\vhich results in a decision not to C.nnounce the Datent 
application, shaH not be considered to be a vioiation of the 
obligation to preserve the confidentialiTY of the invention and 
the patent application documents concerned. 
(5) The provision as refet:ed to in paragraph (4) shall not detract 
from the obiigation of the Q.overnment agencies concerned and 
~ '-' ~ 
( J ' , ) 
(2) their staff members to continue to presen:e the coniidemi2Jity 
of the invention and the patent application documents tov,;ards 
any third party. 
Article 53 
An unannounced patent application shall be examined as to 
whether to grant or not to grant a patent, jf: 
3. 2-period of 6 (six) months has elapsed from {he' date of 
the decision of the Patent Office not to announce the 
patent application concerned; 
b. said patent application has not been ·withdrawn. 
The examination of the patent application as referred to in 
paragraph (1) shall be recorded. by the Government without. 
ch~rging an examination fee to the patent applicant. 
Article 54 
Further prOVlSJOns regarding announcement procedures shall be 
regulated by the lviinlster. IP/N/lIIDNIP/l 
Page 22 
Part Two 
Examination 
Article 55 
(J) A request for the examination of a patent application must be 
filed to the Patent Office in writing together with the payment 
of a fec, the amount ef \vhich shaH be stipulated by the 
tAiniste:-. 
(2) The request as referred to in paragraph (1) shall be a 
substantive examination. 
(3) The form and requirerrlcnts [or requesI~ for examimu ions shall 
be regulated further by the 1'v1in istet. 
Article 56 
(1) A request to conduct a substantive examination must be filed at 
the latest 36 (thirty six) months from the date of filing of patent 
appiication but not earlier than the expiration date of 
announcement as referred to in Article 48. 
(2) If a request for examination has not been filed after the time 
limit as referred to in paragraph (l) has elapsed, or the pertinent 
fee has not been paid, the patent application shall be deemed 
withdrav./n. 
(3) The Patent Office \Viii notify the patent applicant in writing 
regarding the withdrawal of the patent application: with a copy 
forv,:ardcd to the inventor or the person who has a right to the 
invention if the patent application \vas filed by a patent 
consultant. 
(!) The request for substantive examination filed as referred to ill 
paragraph (1) shall be conducted the Patent Office after the 
expiration oj the announcement period. 
Article 57 
\Vithout prejudice to all the foregoing prO\'IS10ns regarding 
examination, Article 51 shall not apply to unannounced patent 
applications. Article 58 IP/N/1/IDN/P/l 
Page 23 
(j) For p/(rposes (lsuhs/c.ll7fil'!! examinotioll, Ihe llatem Qffice may 
reqllest expert assisTance and or utilise appropriate fadlities 
from other (joverJlmellf agencies OF may request the assistance 
from patellt examiners of Olher Patent Offices. 
(2) The use of expert assistance and or facilities as l'~ferred to in 
parobTl'aph (1) must he pefformed by observing the prm'isiollS 
concerning the obhga/ion io maintain the SeCl'eL:V of the 
im'en/ioll for which a paten! has been requested 
A11icle 59 
0) The suhstanth'e exarninotioll :,;hall be conducted DJ ([ Paten! 
Examiner as re/elTed to in Article 1 item 5. 
(2) A Patent E'(aminer shollld hold the position of a fUllctional 
official and sha!! be crppoin/ed and dismissed by the ',Minis/er 
based on certain conditiolls. 
(3) [lpon (! Parent examiner as referred 10 in paragf'((fJh (2) shed! 
he accorded junctiona! ra"k Gnd al/ml'ances in addition to 
()ther rights in accordance II'il17 the jJrc 1 'ailing regulations. 
Article 60 
(1) \Vhere the Patent Examiner reports that an invention fOT which 
a patent has been requested evidently contains vagaries or other 
significant deficiencies, the Patent Office shall notify in writing 
of the result of said examination. 
(2) The nottfica/ioll of results of all examination mllst state clearly 
and jpeciflcal(v state the items considered to be vague or other 
SiJ;rliji.can! deficiencies together with Ihe reasons ·and standard 
or references used in the examination as well as the period jC)]' 
the completion of said deficiencies. 
(3) If fol1o\ving notification as referred to in paragraph (J) the 
patent applicant does not provide any clarification. or correct the 
deficiencies, including making any changes or improvements IP/N/l/IDN/P/l 
Page 24 
on the. application which has been filed \vithin the stipulated 
period, the Patent Office may reject the patent application. 
Pari Three 
The Granting or Rejection of Patent Applications 
Article 61 
i71e Patent Ojfice shed/ make the decision to apprm'e Cl ptI/ent 
applicatioll and thus grant a patent, a/' to rejz{se the opplication, 
within the period of 36 (thirty six) month,>' af the lale.)'/ commencing 011 
fhe date of receipt oj applicationfor 5;ubstalltive examinotioll. 
(1) 
(.-" i..) 
(3) Article 62 
if the resllits of the exanzinaiion conducted by the Patent 
£ ___ '(ominer indicate that the invention jor which Cl patent has 
neen requested does not comply lI'ith the prm'isiolJs of (he 
Article 2, Article 3, Article 5, Article 30 paragraph (1) and 
paragraph (2), Article 39, and Article 60, or is incl1!ded among 
unpatentable invenlions as referred 10 in Article 7, the Paten! 
Office shall rejecf said patellt applicafioll and shedl nOfify {he 
patent applicant in 11 Tifing. 
\Vhere a patent application is filed by (\ patent con5ult2111t, a 
copy of the notice as referred to in paragraph (1) shali also be 
sent to the inventor or the person who has a llght to said 
invention. 
The notification letter containing the rejection of a patent 
application must clearly state the reasons and considerations 
which constitute the basis for the rejection. 
Article 63 
deleted (1) 
(J) 
17) \-
,.., \ 
'. .' / Article 64 IP/N/lIIDNIP/l 
Page 25 
If the report on the examination carried cut by a Patent 
Examiner with respect to an invention for \vhich a patent has 
been requested concludes that said invention complies with 
Article 2, Article 3, Article 5 and other provisions of this Law, 
the Pat'ent Office sball officially ,grant a Patent Certificate for 
the invention concerned to the patent applicant or, \".'here the 
patent application \vas filed by a proxy, a copy of said Patent 
Certificate shall also be given to the inventor or to the person 
who has Cl right to the invention, 
-rl cl 1 Il b . .. ." 'F' ,... j ne grantel patent SHe; "'C recorciecl. III tile Genera! ~egJster or 
Patents and announced in the Official Patent Gazette. 
~'" p 0 r-r- • , • ., 1 • i he J. at ent ruee 1'n3Y provIOc copies ot tilt' patem document to 
members of the public requiring copies upon payment of a fee 
for copying the documents, the amount of \-\'hich shall be 
stipulated by the i\1inister. 
l~J1icle 65 
A Patent Certiflcate sball be proof of the grant of a patent by 
the Patent Office and shall be recorded il1 the General Register 
of Patents. 
A letter containing the rejection of a patent application shall be 
recorded in the Patent Official Book which records the patent 
application concerned. . 
The gr(lllting of Patent Certificates and the rejection of patent 
applications shall be announced by the Patent Office' in the 
same manner as the announcement of patent applications. 
Article 66 
A patent shall be valid on the date it is granted and shall be 
retroactively from the date of receipt of the patent application. ,. , 
VallG 
Article 67 
(1) Further provisions regarding the granting of Patent Certificates .. 
including the form and contents thereof, shall be regulated by 
Government Regulation. IP/N/lIIDNIPIl 
Page 26 
(2) Other provisions regarding recording and requests for copies of 
patent documents shall be regulated by the Minister. 
Part Four 
Appeal Petitions 
Article 68 
(]) An appeal petition may be filed with respect to the rejection of 
a patent appiication [or reasons and considerations regarding 
matters which are substantive in nature as referred to in lsticle 
62 paragraph (I). 
(3 ) 
(4) 
(5) An appeal petition shall be fIled in 'writing by the patent 
applicant or his patent consultant to the Patent Appea] 
Commission with a copy delivered to the Patent Oftlce. 
The Patent Appeal Commission is a special agency 
permanently presided over by a chairman who also serves as a 
member and shall be part of the department headed by the 
r..1i ni ster. 
There shall be an odd number of members of the Patent Appeal 
Commission at a minimum of three persons consisting of 
several experts in the flelds required and senior patent 
examiners who did not carry out a substantive examination of 
the patent application concerned. 
The chairman and the members of the Patent Appeal 
Commission shall be appointed and dismissed by the ~1inister. 
Article 69 
(1) An appeal petition' shall be filed describing in detail the 
objections to the rejection of the patent application_ stating the 
reasons therefor. IP/N/1/IDN/P/l 
Page 27 
(2) The reasons as referred to in paragraph (1) must not constitute 
nev·/ reasons or explanations or evidence or constitute 
corrections or improvements to the rejected patent application. 
(1) 
(2) 
/..., ) \. _I 
(j) 
(4) :1.rticle 70 
An appeal petition must be filed no later than 3 (three) months 
from the date of the notification of rejection of the patel,)t 
application. 
If said period for an appeal petition has elapsed without an 
, . . l .. " I ,. . h 11 appeal petlUoL, tile rCJcctlon Oi tl1(; patent appncatlon s, a be 
deemed to have been accepted by the patent applicant. 
V/here the rejection of a patent application has been deemed to 
ha\'e been accepted as referred to in paragraph (2), the Patent 
Office shall record this fact in the OffIcial Patent Book. 
Anicle 71 
A petition for patent appeal shall begin to be examined by the 
Poren! Appeal (0n717lission 11';I17i77 3 (three) months at the lates! 
commencing/rom the dale of filing of said petilioll. 
A decision of the Patent Appeal Commission shall be fmal. 
\\'here the Patent Appeal Commission approves an appeal 
petition, the Patent 'Office shall grant a Patent Certificate as 
regl:llated under this Act. 
If the Patent AppeR1 Commission rejects an appeal petition, the 
Patent Office shall immediately give notification of said 
rejection. 
.Article 72 
The organisational structure and the work methods of the Patent 
Appeal Commission and the procedure for appeal petitions and 
examinations as we]] as settlements shall be further regulated by 
'-' J 
Government Regulation. '-' IP /N1l/IDNIPIl 
Page 28 
CHAPTER V 
TRANSFER OF A PATENT 
Part One 
Transfer of Ownership 
Article 73 
(1) A patent or the ownership of a patent may be transferred tn 
vvhole or in pe.n by: 
c ..... ' L) 
(3 ) 
(4) 
(5) a. inheritance; 
b. donation; 
c. testament; 
d. agreement, pro\'ided that such agreemen: must be made 
in the form of a notarial deed; 
c. other reasons recognised by lav/. 
The transfer of a patent as referred to in paragraph (1) items a, b 
and c must be accompanied by patent documents together \vith 
other rights pertaining to the patent. 
All forms of patent transfer as referred to in paragraph (1) must 
be registered with the Patent Office and recorded in the General 
Register of Patent upon payment of a fee, the amount of which 
shall be stipulated by the ~v1injster. 
The execution of a transfer which is not in accordance \vith the 
provisions of this article shall be invalid and have no force and 
effect. 
The requirements and procedures for the registration and 
recording of patent transfers shall be further regulated by the 
Minister. 
Article 74 
(I) Except for inheritance and in cases of an assignr.·,ent or transfer 
made together with part or all of his business, the rights as the. IP INIlIIDNIPIl 
Page 29 
first inventor ;11lay not be assigned or transferred to another 
person. 
(2) An assignment or transfer of right as the first inventor must be 
registered at the Patent Office which in turn shall record it in 
the General Register of Patents. 
(3) The Patent Offic.e shall ?11110UnCe the assignmem or transfer of 
the rights as referred to in paragraph (2) in the Official Patent 
Gazette. 
Art I· rjP '7 c:, 
4 v.... 1_ 
"""'h ~,.. 1 . t' 1 l' 11 • ~ , . 1 r' 1 e transter 0) ov.:ners IIp 01 a parent S11ad not nUdliy tl1e ngnt 01 ttle 
inventor to have his n(iinc or other identity included in the patent 
concerm:d. 
Part 1\vo 
Licensing 
/\rticle 76 
(1) A Patent Holder shall be entitled to grant a license to another 
person on the basis of a licensing agreement in order to perform 
acts as referred to in .Micl e 17. 
(2) Unless agreed otherwise, the scope of a license as referred to in 
paragraph (1) shall co\'er acts as referred to in Article 17, shall 
continue for the term of the license granted, and shall be 
effective for the entire territory of the Republic of Indonesia. 
Article 77 
Unless agreed otherwise, a Patent Holder shall continue to be able to 
personally implement the invention or to grant a license to any other 
third party to perform acts as refened to in Article 17. IP/N/1/IDNIPIl 
Page 30 
Article 78 
(I) A licensing agreement shall be prohibited to contain provisions 
which may directly or indirectly give rise to effects which 
damage the Indonesian economy, or to contain restrictions 
which obstruct the ability of the Indonesian people to master 
and develop technology in general and in connection with the 
patented invention in particular. 
(2) Registration and requests for a licensing agreement containing 
provisions as referred to in paragraph (1) must be rejected by 
the Patent Office. 
(1) 
(fa) 
(2) f\rticle "79 
A licensing ag:reement must be registered \vith thE: Patent Office '-' ~ '-' 
and recorded in the General Register of Patents upon a payment 
of a fec, the amount of which shall be stipulated by the 
Minister. 
fl7wf'e a licensing ogl'eement is no! regisfered \l'ifh the Paten! 
Office as referred to ;11 pal'oJ:,"T]"aph (1), soid licensing agreement 
shed/ 1701 hm'e legal effect.'·; all a third party. 
The requirements and procedure for the registration and 
recordirig of a licensing agreenlent shal \ be fUI1her re~wlated by 
'-- --....... ....... 
Government Regulations. 
Article 80 
FUl1her provisions governing licensing agreements shall be regulated 
by Government Regulation. 
Part Three 
Compulsory Licenses Article 8} IP/N/I/IDN/P/l 
Page 31 
A Compulsory License is a license to implement a patent, which is 
granted by the District Court after having heard the Patent Holder 
concerned. 
Article 82 
(1) .Any person, aft.er the expiration of a period of 36 (thirty six) 
months commencing from the date of issue of a patent, may file 
an application to the local District Court for (1 Compulsory 
License to implement the patent concerned. 
(2) An application for a CompulSory L1cense as referred to in 
paragraph (1) may only be made on the grounds that the patent 
concerned is not being impleIllented in Indonesia by the Patent 
Holder despite opportunities for commercial implementation 
which should be pursued. 
(20) An application/or a CompulsOlJ License may also be made any 
time {Tjle!' {{ patent has heen bJTanted Oll the grounds (hat the 
patent cO!7cerned ha,; nee77 implemented hy the Patent flolder 
Uf' {he Licensee ill Cl form and manlier which CO/l!l'a1'ene the 
public ill/erest. 
(3) \Vith due regard to capabilities and the situation as it develops, 
the Government may.' stipulate that during the initial 
implementation this Law, an application for Compulsory 
Licenses shall be filed to cel1ain District Courts . 
. Article 83 
(J) In additioll to the truth oj reasons a.y referred to jll Article (-;2 
paragraph (2), a Compulsory License may only be granted if: 
o. {he person submitting said request can provide 
convincing proof that he: 
J) has the ability to personally implement the 
jlCllenl; 
2) has his own facilities tu readily impiemen! of the 
patent concerned; IP/N/lIIDNIP/l 
Page 32 
3) has made efforts in a slc/J7ciel1t period of time to 
acquire a license from the Patent Holder on the 
oasis of normal ferms and conditions buf did no! 
sllcceed. 
h. the District COllrt is of the opinion that safd patent can 
he i117picIJl(?Ilfed ill Indonesia 011 Cl feasihle ecrJl7hmic 
scale and can he of henejit 10 the majority of the sociery. 
(2) The examination of a n appiication for a Compulsory License 
shall be carried out by the District Court in a court session, also 
hearing the expert opinion of the Patent Office and the Patent 
Holder concerned. 
(3) A Compulsory License shall be granted for a period no longe~ 
than the period of patent implementation and shal j be further 
regulated by Government Regulation. 
Article 84 
if, based on evidence and opinion as referred to in Arzicle 83, the 
District COllr! is convinced that the period as referred la in Article 82 
i.Y illSl{fjiciellt fur the Patent Holder to cOl71JJlercial(v iJ1ljJ le I1l en! fhe 
patellt ill Indonesia,· or within a region as referred to ;'7 A rticie /8 
paragraph (2), the District Coltr! may stip1llate either fo remporarily 
postpone the cOllrf 5;CS.'.;iOlJ or to reject the applicatioll . 
. Article 85 
(l) The implementation of a Compulsory License shall be 
accompanied by payment of royalties by the Compulsory 
Licensee to the Patent Holder. 
(2) The amount of royalty to be paid and the method of payment 
shaH be stipulated by the District Court granting the 
Compulsory License. . 
(3) Stipulation of the amount of royalties shaIl take into account 
common practice 111 patent licensing or other similar 
agreements. Article 86 IPINIlIIDNIP/l 
Page 33 
The decision of the District Court regarding the grant of a Compulsory 
License shall include the follo\ving matters: 
o. a complllso/J' license ~ .. ;hall he non-exclusive; 
b. the reasons for granting of the Compulsory License ~ 
c. evidence, including convincing information or explanations 
which form the basis for the granting of the Compulsory 
License ~ 
d. the period of the Compulsory License; 
e. the amount of royalties to be paid by the Compulsory Licensee 
to the Patent Holder and the method of payment therefor ; 
f. conditions on the termination of the Compulsory License and 
matters which may cause revocation of the Compulsory 
License; 
g. the ComplliSOl} License "will be solely used to supply the 
demand in the national marker. 
h. other matters necessary to fairly protect the interest of the 
panics concerned. 
Article 87 
( I) The Compulsory Licensee shall be obligated to register the 
Compul~or)' License which he receives at the Patent Office to 
be recorded in the General Register of Patents. 
(2) A registered Compulsory License shall be immediately 
announced by the Patent Office in the Official Patent Gazette. 
(3) Registration of a Compulsof'j License shall be subject to a fee, 
the amount of which shall be stipulated by the 1\1inister. 
(4) A Compulsory License may only be implemented after 
registration and payment of the fee as referred to in paragraph 
(3 ). 
(5) Implementation of a Compulsory License shall be deen}ed to be 
the implementation of a patent. IP/N/1/IDNIP/l 
Page 34 
(I) 
(2) 
/.., . 
I. L.a) 
(3) Article 88 
A Compulsory License may also be applied from time to time 
by a Patent I-folder on the grounds that the implementation of 
his patent would be impossible without infringing another 
existing patent. 
/\n application for a Compulsory License as referred to in 
paragraph (1) may only be considered if the palent to be 
imp] emcnted gcnuinely contains elements of ne\v tcchnology, 
which are clearly more advanced that said existing patent. 
H'here a reqllest for a COIllPlllsOIJ: License is applied on Ih(! 
grollnds as referred to in paragraph (1) and (2) : 
a. the Patent Ho/der shall be en/died to give each other a 
license to use the other par(v's patent under l'ea.)'onob!e 
leJ'n7S. 
b. the implementation of paten! by the Compulsory 
Licensee cannot be tran.sferred unless it is tran~(erl'ed 
togelher with the assignment of the other patent. 
Provisions regarding the filing of application to the District 
Court, the payment of royalties, the contents of the· coun 
decision, registration (1l1d recording, as well as the period or 
cancellation of the Compulsory License regulated by Part Three 
of this Chapter shal1 also apply to a Compulsory License as 
referred to in paragraph (I) and (2), except provisions regarding 
the period for filing of requests as provided for in .Article 82 
paragraph Cl). 
Article 89 
(1) Upon a request of the Patent Holder, the District Court may 
revoke previously granted Compulsory License if: 
a. the grounds which formed the basis of the grant of the 
Compulsory ~icense no longer pertai n; 
b. the recipient of the Compulsory License has evidently 
not implemented said Compulsory License or has not 
made any appropriate preparations for immediate 
implementation of the license~ IPlNlllIDNlPll 
Page 35 
c. the reCIpIent of the Compulsory License is no longer 
complying with other such terms and condltions, 
including the obligation to pay royalties stipulated in the 
grant of the Compulsory License. 
(2) \\'here the District Court decides to cancel a Compulsory 
License, a copy 'of the decision must be fonvarded to the Patent 
Office at the latest 14 (fourteen) days after the date of the 
District Court's decision to be recorded the General Register of 
Patents, and announced the Official Patent Gazette. 
(3) T71e Parent Office m list give notice of the recording and 
annOUllcement of the decision C!.l the District Court as referred 
to in paragraph (2) to the Patent Ho/del', fhe Holder of the 
revoked C()mpu/sOl), License and to the District Court which 
decided on said revocation at the latest 14 ([ounee})) days after 
the Potent Office has receh'ed a copy C!f said decisioll of the 
District Court. 
Article 90 
(1) A Compulsory License shall expire at the end of the period 
stipulated in the grant thereof, upon revocation, or where the 
Compulsory License returns the license he has obtained to the 
Patent Office prior to the expiry of said period. 
(2) The Patent Office shall record the expiry of a C~mpulsory 
License in the General Register of Patents, announce it in the 
Official Patent Gazette and give notice in writing to the Patent 
'-' -
Holder and the District Court which decided to grant the 
license. 
Article 91 
The revocation or expiry of a Compulsory License as referred to in 
.t.\rticle 89 and Article 90 shall result in the restoration of the rights of 
~ 
the Patent Holder to the patent concerned, commencing on the date of 
recording in the General Register of Patents. IP INIl/lDNIPIl 
Page 36 
(j' 
\ ) 
(2) Article 92 
A Compulsory License m{Z1' not be transferred uniess said 
frai1.~fe.r is made concurrently with the transfer Cl! commercial 
activities or parts of commercial activities using the parent 
concerned or hy inheritance. 
A CompuisOlY License which is Ira11-~ferred by inheritance shed! 
continue to be sul~jec{ to the requirement,\' of its b'ra17{ and other 
pr01'/sio17s, partjcl{lar~r regarding the period (d fime., and must 
be reported to the Patent Office /0 be recorded and regisfered 
ill the General Register of Patents. 
Articl:: 93 
Further provisions regarding Compulsory Licenses shall be regulated 
by Government Regulation. 
CHP.~_PTER VI 
REVOCATION OF PATENTS 
Part One 
Revocation of a Patent by Operation of La\v 
.Article 94 
A patent shall be deemed !lull alld paid by the Parent Office {f (he 
Patellt Holder does not fulfil his obligation to pay allllual fces within 
the period of time stipulated by this Act. 
Article 95 
(1) The revocation of a patent by operation of h\,' shall be made 
knov.,rn to the Patent Holder and the Patent Licensee concerned 
in writing and shall be effective as of the date of said notice. IPIN/lIIDNIPIl 
Page 37 
(2) The revocatio.n of a patent for the reasons as referred to in 
Anicle 94 shall be recorded in the General Register of Patents 
and announced in the Patent Officiai Gazette. 
Part,Two 
Revocation of a Patent at the Request of the Patent Holder 
Article 96 
(I) t· " 1 1 b L P j A patent may De revox.co ID W'lent Of In part y tuc atent 
Office upon a written request of the Patent Holder to the Patent 
Office. 
(2) A revocation of patent as referred to in paragraph (1) may not 
be carried out if the person recorded in the General Register of 
Patents as a licensee for implementation of the patent concerned 
has not given written consent attached to said request for 
revocation. 
(3) The decision to revoke a patent shall be known in writing to the 
Patent Holder and the Patent Licensee concerned as recorded in 
the General Register of Patents .. 
(4) The decision to revoke a patent for reasons as referred to in 
paragraph (1) shall be recorded in the General Register of 
Patents and announced in the Official Patent Gazette. 
(5) Revocation of a patent shall be effective as of the date on which 
the Patent Office issues its decision to cancel. 
Part Three 
. Revocation of a Patent by Virtue of a Claim 
Article 97 
0) A IUlI'suit for rel'oc{fli01J Oil (f a pateni' met)' he granted )I 'here: 
a. the patent should not have been grantee( according to 
Article 2 and Article 7,' IPINI1/IDN/P/l 
Page 38 
/J. said palen/ is. the same as another paten! thal has iJeell 
granted to another person based on this Lall' " 
c. the brrant of a Compulsory License cannot slop the 
implementation of a patent ill the form and manners 
which contravene the public illterest within the period of 
2 (IWO) years COl7l171encing from the date qf granting (i 
the rompu/.<.;ory License concerned or from the dale of 
granting of the first Compulsory License where some 
Compulsory Licenses have been granted. 
(2) A lawsuit for revocation on the grounds as referred to in 
paragraph (1) letter a may be filed by a third party against the 
Patent Holder to the District Court of Central J s.ka.rta 
(3) A laVlsuit for revocation on the grounds as referred to in 
paragraph (1) letter b may be filed by the Patent Holder or the 
Patent Licensee to the District Court of Central Jakarta 
requesting revocation of the other patent which is the same to 
his. 
(4) A lawsuit for the revocation on the grounds as referred to in 
paragraph (1) letter c may be ftled by the Public Prosecutor 
against the Patent Holder or the Compulsory Licensee to the 
District Court of Central Jakarta. 
Article 98 
Ifa claim for revocation ofa patent as referred to in Article 97 shall be 
confined to one or several claims or parts of claims, cancellation shall 
be granted only \vith respect to matters for which revocation is sought. 
Article 99 
(1) A copy of the claim and decision of the District Coul1 of 
Central Jakarta on the revocation of a patent must be 
immediately forwarded by the Clerk of the District Court of 
Central Jakarta to the Patent Office. 
(2) The Patent Office shall record the claim and the decision on 
revocation in the General Register of Patents and announce 
thern in the Official Patent Gazette. Part Four 
Consequences of Patent Revocation 
Article 100 IP/N/lIIDNIPIl 
Page 39 
Revocation of a patent shall nullify all legal consequences connected 
with the patent and other rights derived from said patent. 
p...rticlc 101 
Unless determined otherwise bv Cl. decision of the Distrir t Court of -' 
Central Jakarta, the revocation of a patent in whole .or in pdrt shall be 
.t\rticle 102 
(1) The Licensee oj a patent rel'oked on the ground') as refr.!7Ted to 
hI Article 97 paragraph (1) letter b slla!! continue to be entitled 
to implement his license until the expilJ dale stipulated ill the 
licensing agreement. 
(2) A Licensee as referred to jn paragraph (1) sha1! no longer be 
required to continue la pay royalties which he would othenl'ise 
be required fo pay to the Patell! Holder whose patent was 
l'eroked. but 10 pay ro.raltiesfor the remaining ql his licensing 
period la the right Patent Ho/del'. 
(3) H71ere a Patent Holder has receh'ed ill advance (f lump slim 
payment of royalties from the Licensee, sfzid Patent Jialder 
shall be obligated to refund the amollnt oj royal/ies 
proportionate to the remaining period oj the utilisation of the 
license to the legitimate Patent Holder. 
Article 103 
(1) A license of a patent declared to be revoked for .reasons as 
referred to in Article 97 paragraph (1) item b, but acquired in 
good faith before the filing of the claim for revocation of the IP/N/IIIDN/PIl 
Page 40 
patent concerned, shall continue to be effective with respect to 
the other patent. 
(2) A license as referred to in paragraph 0) shall continue to be 
effective provided that said Licensee shall thereafter continue to 
be obligated to pay royalties to the Holder of patent that was not 
revoked in the same amount as previously agreed with the 
Holder of the revoked patent. 
CHAPTER VII 
USE OF PATENT BY THE GOVERNMENT 
Article 104 
(1) If the Government is of the opinion that a patent in Indonesia is 
very important to the conduct of the State Defence and security, 
the Government may itself use the patent concerned. 
(2) The decision to itself use a patent shall be regulated by 
Presidential Decision after hearing the considerations of the 
·l\1inister and the l\1inister responsible for the field of State 
defence and security. 
Article 105 
(I) The provisions of Article 104 shall also apply to inventions for 
which patents have been requested but which have not been 
announced as referred to in Article 52. 
(2) V/here the Government does not or does not yet intend to itself 
use the patent as referred to in paragraph (]), the use of a 
similar patent may only be undertaken with Government 
approval. 
Article 106 
( 1) Where the Government intends to itself use a patent that is 
important to the conduct of the State defence and security, the (? -) 
(1) 
('"" ,!. ) 
(3) 
(4) IPlNllIIDNlP1l 
Page 41 
Government shaH notify the Patent Holder in writing of this 
fact setting forth: ' 
3. the name and number of the patent; 
b. reasons~ 
c. the period of use; 
d. other matters regarded as significant. 
The use of a patent by the Government shall be carried out with 
the provision of reasonable cornpens3tion to the Patent Holdei-. 
i\rticle 107 
A decision of the Government to itself use a patent shall be 
final. 
\Vhere the Patent Holder does not agree with the amount of 
compensation stipulated by the Government; objections may be 
filed to the District Court of Central Jakarta. 
Objections as referred to in paragraph (2) shall be filed as a 
civil claim. 
The process of examining a claim as referred to in paragraph 
(3) shall not stop the use of the patent by the Government. 
Article 108 
Further implementation of the provisions contained ID this Chapter 
shall be reQ:ulated by Government Regulation. 
'--' - ~ 
CHAPTER VIII 
STh1PLE PATENTS 
Article 109 
Except fOJ~ matters that are specifically regulated for Simple Patents, all 
other provisions regarding patents as regulated in this Act shall also 
apply to Simple Patents. IP/N/lIIDNIPIl 
Page 42 
Article 1 i 0 
(1) A SimpJe Patent shall only be granted for one claim. 
(2) Upon an application, a substantive examination of a Simple 
Patent shall be conducted directly. 
(3) In conducting a substantive examination the Patent Office sha1! 
only eXali1ine the nope/!y requirement as referred to in Article 6 
paragraph (2). 
/1) \, I 
(2) Article III 
A Simple Patent Certificate shal! be granted by th~ Patent 
Office for a Simple Patent. 
A Simple Patent granted by the Patent Office as referred t.o in 
paragraph (l) shall be recorded in the Genera! Register of 
Patents. 
(3) The refusal of an application for a Simple Patent may not be 
appealed to the Patent Appeal Commission. 
Article i 12 
(1) The period of a Simple Patent as referred to in Article 10 may 
not be extended. 
0) A Simple Palelll sha!1not he appliedfor a COn1pu/SOJ)' License. 
Article 113 
Furiher provisions regarding Simple Patents shall be regulated by the 
Minister. 
CHAPTER IX 
FEES 
Article 114 
(1) A fee. the amount of which shall be stipulated by a }vfil1isteria! 
Decree, must be paid for each filing of patent application, IP/NIlIIDN/PI 1 
Page 43 
application (if.suhslanlil'e examination, Prior U~'er Cer/.~ficates, 
extracts from the Gellera! Rebrister of Patents and copies of 
Paren! Cert{[icales, copiej· (ft palen! documents, the recording 
of paten! Irall~fers, registration of Licensing Agreements, the 
registratioJJ of Compu/sOJ)' Licenses and other matters 
stipulated hI this Act. 
(2) Further provisions regarding the requirements, periods and 
methods of payment of said fees shaH be regulated by a 
rv1inisterial Decree. 
Article} 15 
The first payment of the annual fees must be made no later than one 
year from the date ef the grant of a pateIlt or the recording of a license 
and payments for subsequent years during the ettectiveness of the 
patent or license must be made at the latest on the same date as the 
grant of the patent or the recordi ng of the license concerned. 
Article 116 
(I) lfl!'ithin 3 (three) cOllsecufil'e years a Pa/ellt Holder does no/ 
pG)' anmrai fees as stipulated in Article J 9 and Article 115, the 
patent sha// he deemed to have been void commencillgfroJ17 the 
dale c017slif7l1illg the time limit for payment (4said third:rear. 
(2) ~f obligation to make payment ~f said allnllal fees is not met ill 
[he ·eighteenth al/d subsequellt years, the palell! shall be deemed 
tu hart.! expired un 1he lime limit fur the anllual fce payment 
obligalioll of the year concerned. 
(3) The expiry of the duration of a patent for reasons as referred to 
in paragraph (1) shall be recorded in the General Register of 
Patents and announced in the Official Patent Gazette. 
Article l17 
(l) Except for matters as referred to in Article 116 paragraph (3), 
the payment of annual fees later than the time stipulated in IP /N/1/IDN/P/1 
Page 44 
Article 115 shall be subject to an additional fee of 20 (twenty) 
percent for each year. 
(2) The late payment of annual fees as referred to in paragraph (1) 
shall be made known by the Patent Office to the Patent Holder 
within 7 (seven) days after the stipulated time limit has passed. 
(3) Failure to receive the notice as referred to in paragraph (2) by 
the person concerned shall not detract from the applicability of 
the provisions as referred to in paragraph (1). 
(1) 
(2) CH,t\.PTER X 
PATENT ADl\1INISTRATION 
.Article 118 
The Patent Office shall conduct the administration of Datents as . 
regulated by this Law. 
The conduct of administration as referred to in paragraph (1) 
shall be canied out with due regard for the authority of other 
agencies as regulated by this Act. 
Article 1·19 
The Patent Office shall conduct patent information services and 
documentation by the establishment of a national patent documentation 
system and information network capable of providing information to 
the public regarding patented technology as widely as possible. 
Article 120 
In implementing the administration of patents, the Patent Office shall 
receive guidance from and shaH be responsible to the Minister. 
CHAPTER XI 
RIGHTS TO BRING LA \VSUlT (1) 
(fa) Article i 21 IP/N/lIIDNIPIl 
Page 45 
if a patent is granted to a person other than the person entitled 
to said patent based on Article I J, 12 and J 3, the pers9n ,so 
entitled to the patent may bring a lawsuit to the District Court 
of Central Jakarta requesting the surrender to him of the patent 
concerned and the rights which pertain to said patent in \'/hole 
ox in part or in join ownership, 
171e right to bring a iaW.51{it as rcjerred to paragraph (1) shall 
be retroactive from the date offiling of patent application. 
A copy of the decision on the lawsuit as rcf~n ed to in 
paragraph (1) shall be forwarded immediately by the Clerk of 
the District Court of Central Jakarta to the Ph'tent Office to 
thereafter be recorded in the General Register of Patents and 
announced in the Official Patent Gazette. 
(1) The Patent Holder or Licensee shall be entitled to bring a 
lawsuit for damages through the local District Court from anv - -- ..: person who deliberately and without rights performed acts as 
referred to in :\rticle 17 against his rights. 
(J aj The District COllrt may reject the !mt'suit f07' damages 
including damages for the foss (~f profit which might be gained, 
if t!n: dependant is able fa jJl'oi'e that he was unaware or has 
sOlfnd reasons on his lfllml'areness that he has' infringed 
another's patent protected in Indonesia, 
(2) A action for damages filed in respect of acts as referred to in 
Article 97 paragraph (I) letter b shall only be accepted if the 
product is proven to have been made by using said patented 
invention, 
(3) The decision of the District Court Oll the Im~}suit as referred to 
in paragraph (1), (la) and (2) shall he f0111!arded immediately 
hy Ihe Clerk of the rele\'allf District COllrt to the Patent Office 
fa thereafter be recorded the General Register of Patents and 
announced in the qfficia! Patent Gazette. JP /Nil fIDN/P1l 
Page 46 
Article 123 
(1) In order to prevent greater losses to the parties whose rights 
have been infringed, a Judge may order the infringer of said 
patent to cease the acts as referred to in Article 17 while the 
lawsuit is being examined by the District Court. 
(2) If a lawsuit has been filed for the surrender of goods produced 
by a patent infringement or for the value of such goods, a Judge 
(1) 
17' I';) 
(3) cl ~ h 'i''1' .• • ~ } may 0; er tJat L c surrenCter Sllall be calnea out only atter t le 
decision of the court has bec()mc final and binding and after the 
claimant has paid compensation to good faith of the goods. 
In the trial Dj an jnfringement case on a patented process, the 
burden of proof that the product was not produced by using a 
patented process shall lie 011 the defendant if: 
a. the procluct which was made through the patented 
process constitutes a l!e"W one; 
b. there is a possibility that the prodllc! has resulted from 
the patented process; and 
c. it is contrary to the facts that sufficient effort has been 
made for the pW]Jose, a Patent Holder is not able to 
determine which process he has used to make the 
product suspected 10 have resulted from {he 
injringement. 
For the plIlpose of proof in cm iJ!frillgement case as re/erred to 
in paragraph (1) a Judge shall be authorised to: 
a. order the Patent Holder to deliver ill advance a copy of 
certificate of the patent concerned, and prima jacie 
evidence s1lpporting his assumption about the 
infringement Oll his patent .. and 
b. order the party who is assumed to have committed all 
iJ?lringemenl to prore that the product did not result 
ji'om the use uf the patented process. 
III the trial of a patent infringement case as referred to in 
paragraphs (1) and (2), a Judge shall consider the imeresl qj' IP/N/lIIDNIPIl 
Page 47 
the party assumed 10 have cO.'11l7litled the infringement, to get a 
protcction on the .recrec.y <?l the process' he described for the 
purpose of proof ill the COllrf ses·sioll. 
Article 124 
The right to bring a lawsuit as regulated in this Chapter snail not 
detract frorn the right of the State to conduct the criminal prosecution 
.Article 125 
(1) An appeal decision of the District Court may be lodged at the 
High Court and cassation at the Supreme Court. 
('2;\ A decisiun on iiDueal and a decision in cassation as referred to I J 
in paragraph (1) rnust be immediately forwarded by the Cierk 
of the District Court to the Patent Office to thereafter be 
recorded in the Gener?l Register of Patents and announced Ji1 
the Official Patent Gazette. 
Article 126 
Any person \vho deliberately and without rights infringes the rights of 
a Patent Holder by committing any of the acts as referred to in Article 
17 shall be sentenced to imprisonment of at most 7 (seven) years and a 
fine of at most Rp. 100,000,000 (one hundred million Rupiah). 
Article 127 
Any person who deliberately and without rights violates the rights of a 
Holder of Simple Patent by committing any of the acts as referred to in 
Article 17 shall be sentenced to imprisonment of at most 5 (five) years 
and a fine of at most Rp. 50,000,000 (fifty million Rupiah). 
AT1icle 128 
Any person who deliberately fails to fulfil the obligations as referred to 
in Article 27 paragraph (3), Al1icJe 46 and Article 52 shall be 
sentenced to imprisonment of at most 5 (five) years. IP/N/lIIDNIPIl 
Page 48 
Article 128.A 
H1iere Q patent infringement is established, a Judge m[{}J order that the 
products resulted from the patent infringement shed! be conji,')'caled by 
the Stale to thereafter be destroyed. 
.Article 129 
The criminal offences as referred to in this Chapter shall b~ felonies. 
(1) CH.AFTER XIII 
.Article 130 
In addition to investigating officers at the State Police of the 
Republic of Indonesia, certain civii servants from the 
department whose scope of duties and responsibilities indude 
the guidance over patents shali be granted special authority as 
investigators as referred to in Act No.8 of 1981 on Criminal 
Proceedings, to conduct an investigation of criminal offences in 
the field of patents. 
!m'estigatol' as referred 10 in paragraph (1) shed! be authorised 
fo: 
(t. . conduct examination of the trlfth of reports or 
illformatjol1 relatjng 10 crimina! offences in the field of 
patents; 
b. condllct examination of persons or legal entities 
suspected of committing criminal offences in the field of 
patents " 
c. col1ec{ information and evidence from persons or legal 
entities in connection with incidents of crimina! offences 
in the field ofpatents; 
d. conduct examinatiol1 of the books, record)' (llld o/he.r 
documents relating to crimina! offences ill the field of 
patents; IP/N/l/IDN/P/l 
Page 49 
e. inspect locatiolls on Il'hich evidence, hooks, records. 
alld other documents to be found, as we!! as to 
confiscate materials and goods resulting from 
illjringements which can used as evidence ill the 
crimina! trials in.the jleld ~f patents; 
f request expert assistance in the scope of canying out 
the duties oj illl'cstigalioJ] of crimina! offences in the 
field qf patents; 
(3) An ill1'esligator as rejerred to in paragraph (1) shall injorm the 
illve.Ytigatjng officers at the State Poiic.e oJ the Republic of 
Indonesia about the initiating and the result of an investigation. 
(.f.) An investigator as rejened to in paragraph (1) shall jOlward 
the resulfs of an investigation to the Public Prosecutor through 
the im'estigating officers at the Slatc Police of the Repuhlic of 
Indonesia jn "jell' of Act l!o. 8 of j981 on Criminal 
Proceedings. 
Cl) 
(2) CHAPTER XIV 
TR..ANSITIONAL PROVISIONS 
Article 13 I 
\Vithin one vear commencing: on the effective date of this Act. 
~ -.' 
those persons \'.,;ho have filed patent applications on the basis of 
the I\linisterial Decree of 1953 within 10 (ten) years prior to the 
effective date of this Act may file patent applications ba.sed on 
the provisions of this Act. 
If a patent application that .[1aS been registered and complies 
\vith the provisions as referred to in paragraph (1) is not refiled 
\vithin one year commencing on the effective date of this Act, 
said patent application shall be deemed to have expired. 
The registration of patent applications bas9d on the 
announcement as referred to in paragraph (1) which were filed IP/N/1/IDNIP/1 
Page 50 
more than J 0 (ten) years before the effective date of this Act are 
declared to have lapsed. 
(4) The provisions of this Act shall apply to patent applications as 
referred to in paragraph Cl) and where a patent is granted) the 
term of patent protection thereof shall be, calculated from the 
date of receipt of the patent application based on said 
lvlinisterial Decree. 
CHAPTER XV 
OTIIER PRO"\;1SI0NS 
~+iicIe 132 
The establishment of agencies that function to provlde considerations 
on strategic policies in patent matters shall be carried out by the 
Government in accordance \vith need and developments. 
CHAPTER XVI 
CONCLUDING PROVISIONS 
Article 133 
All existing regulations regarding patents are declared to no longer be 
in effect as of the date of promulgation of this Act. 
Article 11 
(1) Commencing from the date of effect of thi s Act. any Patents 
~ . . ~ 
and Simple Patents which have been granted based on Act No. 
6 of 1989 concerning Patents shall be valid for a period of 20 IP /N1l/IDNIPIl 
Page 51 
(twenty) )'ears from the date of filing of the patent application, 
and 10 (ten) years from the date of grant of the simple patent. 
(2) \Vith regard to any patent and simple patent applications \vhich 
have been filed based on Act NO.6 of J 969 concerning Patents 
and have not been decided by the Patent Office, if the patent is 
granted, the period of protection shali be granted for 20 
(hventy) years from the date of Eling of the patent application, 
and 10 (ten) years from the date of grant of the simple patent. 
(3) Implementation of the adjustment for the period of 20 (tv-/enty) 
'le.ars fOf a oatent as referred to in 'f)aragraph (1) shall be m3d~::. ~! ~ / 
at the time of payment of annue.! fees of the patent concerned 
. I" J 1 d . I ' . . ',f" In tile torm 3f!U met 10 s stlpU ateo by tne l\·i1n1ster. 
A rhc!e If! 
This /\ct shall take effect on the date of its promulgation. 
In order that e\'ery person may knO\\" of it, the promulgation of this .Act 
is ordered by placement in the State Official Gazette of the Republic of 
lndonesia. 
Ratified in ] akarta 
On November 1 1989 
PRESIDENT OF THE REPUBLI C 
OF l1\TDONESIA 
SOEHARTO IPINIl/IDNIP/l 
Page 52 
Promulgated in Jakarta 
On November I 1989 
MINISTER/ STATE SECRETARY 
OF THE REPUBLIC OF INDONESIA 
i\10ERDIONO 
STATE GAZETTE OF THE REPUBLIC OF INDONESIA NU1\1BER 30 ELUCIDATION 
OF IP/N/l/IDNIPIl 
Page 53 
LAV/ OF THE REPUBLiC OF INDONESIA NU1vffiER 13 OF 1997 
REGARDING 
THE AIv1ENDMENT OF LAW NUMBER 6 OF 1989 
REGARDING 
PATENTS 
GENERAL 
The decree of People1s Consultative Assembly of the Republic 
of Indonesia No. n/l\1YRl1993 regarding the Guidelines of State Policy ..... _ J 
stipulates, among others, that the v/odd1s development that brings 
0ppoliunities capable. of supporiing and increasing the grO\vth of 
national development should be employed to the most. In line 'vvitb the 
direction of the Guidelines of State Policy, therefore, all global 
developments, changes, and inclinations that might presumably 
influence the National Stability and achievement of national objectives 
need to be carefully observed in order to be able to take the anticipating 
steps. 
One of the significant and closely observed developments 
during the last decade, which remains to be the inclination in the 
future. is the ever growing flow of globalization in social life, ~..... <..-
economy", culture and in other fields of life. In the field of trade) the 
development of, in particular, information technology and 
transpoI1ation has rapidly driven activities in this sector and' has even 
merged the world into a single common market. Having considered 
such facts and inclination, it is then quite reasonable when there is an 
urge toward regulating for a more appropriate legal protection. 
f\.10reover, there is a number of countries which rely their economic 
and trading activities more on products resulting from human 
'. intellectuals, such as researches which result in inventions in the field 
of technology. 
The General Agreement on Tariff and Trade (GATT) as a 
multilateral agreement on trade basically aimed to create a free trade IPINIl!IDNIPIl 
Page 54 
and eqL!al treatment as well as to help create economic growth and 
progress in 'order to achieve human prosperity. 
In the framework of the A£reemenL in April 1994 in Marakesh ....... ... , 
ty'Iorocco, a package of trade negotiation deals has been agreed, and it 
became the most comprehensive agreement GATT has ever achieved. 
The neg·otiation which had begun in 1986 in Punta del Este, Uruguay, 
and known as the Uruguay Round contains, among others, the 
Agreement on Trade Related Aspects of Intcllectuai Property Rights 
(TRlPS). 
The TRIPS Agreement established norms and standards of 
protection for human intellectuals and laid the international agreement 
on Intellectual Property Rights a:: It.s f8undation. In addition, the 
Agreement also regulates strict irnplementing rules of legal 
enforcement in the field of Tntellectual Property Rights. 
As a signatory to the Uruguay Round Agreement, Indonesia has 
ratified the agreement package with Law No. 7 of 1994 regarding the 
Ratification of the AQIeement Establishing the V/orld Trade <--' ,-, 
Organization. 
In line \-vith the policy, to support national development 
activities, particularly after considering the \'arious changes and 
development, Indonesia, which had adopted a national Patent Law 
since 1989, views that it is necessary to make perfection on the Law 
concerned. 
In addition to the perfection of some provisions considered as 
providing inadequate legal protection on inventors, it is also considered 
as necessary to make adjustment to conform to the TRIPS Agreement. 
The goal is to eliminate various barriers: in particular: to facilitate 
efforts that promote economic growth as we11 as national and 
international trade. 
As a consequence of having ratified the Uruguay Round, It IS 
considered as necessary to make changes and improvements on the 
Patents Law. Such changes are basically directed to adjust the law to 
the Paris Convention for the Protec/ioll (?i Industrial Property of 1883 
as amended a couple of times, and to perfecI some inadequate IP/N/1/IDNIPIl 
Page 55 
provisions which do not reflect both the current need and international 
practices. To include in the changes is the adjustment to accommodate 
the TRlPS Agreement. 
With such background and considerations, therefore, in addition 
to changes concerning technical matters, the general area and course of 
amendment on Law No. 6 of 1989 concerning Patents covers, among . ~ .... 
others: 
1. Perfection 
a. Requirements to establish invention novelty 
Different [ram the previous L;:nv whicb provided that an 
invent ion is not deenlcd novel if it has been announced, this 
L.~v ... provides that the novelty of an invention is determined 
upon an evaluation whether on the date of receipt of patent 
application, the patent does not constitute part of an earlier 
invention or an invention which has existed. 
b. Protection period 
Besides for the purpose of adjusting with the TRIPS 
Agreement, the extension of protection period of patent is 
directed to encourage activities of researches that result in 
invention. 
c. AffIrmation of the rights of a Patent Holder to prohibit 
importation 
The changes are made to adjust with the TRlPS Agreement, 
which asserts that a patent also covers the right to prohibit or 
gi\'e consent to any other person to import his patented product. 
This amendment is affirmed in the changes of Article 21. 
d. Extended scope of grounds for. submitting Appeal application 
In addition to the refusal decision of a patent application on the 
grounds that the substantive requirement is not fulfilled, this 
Law also enables an appeal to be submitted upon the refusal of 
a patent application on the grounds stated in Article 39 and IP /NI lIIDN/P/1 
Page 56 
Article 60, or on the grounds that it constitutes invention which 
is precluded under Article 7. 
2. Addition 
2.. Importation of product protected by patent 
Importation of a product or its equivalence 'which is protected 
by a Process Patent may stiil be conducted in order to increase 
the society's welfare and is not considered as infringement of 
patent, provided such product has not. been produced in 
Indonesia. The addition of this provision is also me~nt to adjust 
with the TRIPS Agreement, 8.nri to conform to the provision of 
Artic1e 5 quater of the Paris Convention. 
b. Reversed burden of proof 
In addition to making adjustment to confonn to the TRIPS 
Agreement, this provision 1S necessary particularly for 
facilitating the Court in deciding infringement of Process 
Patent, which is basically difficult to be proven. 
3. Deletion 
a. Article 7 letter b 
The deletion of Article 7 letter b of Law No. 6 of 1989 
concerning the exception for the granting of patent on food and 
beverages which do not the constitute basic needs of human 
beings and or animals. The deletion is done to encouraQe 
~ ~ 
research activities that result in invention and to confonn to the 
TRlPS Agreement which, among others, emphasizes that 
patents protection may be filed on inventions per1aining to 
process and or product of food and beverages) including 
products in the fonn ~f materials made through a chemical 
process for the purpose of making food and be\'(~rages for 
human or animal consumption. b. Article 7 letter c IPINIlIIDNfP/l 
Page 57 
The deletion of Al1icle 7 letter c of Law No. 6 ot; 1989 
concerning new varieties of plants and animals or breeding 
processes and the results thereof. Originally this paragraph was 
meant to meet the need of society over plants and animals of 
sOllnd quality in an easy and inexpensive manner. The deletion 
is in pursuant to the TRlPS Aszreement, and to encourage 
~J ~ 
inventions of plants and anirnals) so that upon such inventions 
patents may be applied for. 
c. LeQal bodv in the definition of inventor 
'-' "' 
The deletion of Illegal bodyll in the definition of inventor is 
meant to perfect the definition of inventor, fOf, by nature, only 
human beings can do activities of research which result in 
inventions. Whereas a legal corporate body is only able t.o 
. '·h n 1"-1'< acqmre tne rig t or as <: t-atent .bOiGcr. 
ARTICLE BY i\P\.TICLE 
Figure 1 
Tbe amendment on figure 3 is basically an effort to perfect 
the definition that is to affirm the definition that an inventor 
means a· person, not a legal corporate hody. 
l\1eanwhile, the change on figure 5 is meant to provide a 
broader foundation for patent examination to be done by the 
Patent Office which, based on an international agreement, is 
agreed to carry out patent examination. Under the International 
Patents Co-operation Treaty an .international patent application 
is capable to be filed through an International Bureau run by a 
United Nation, special agency which is responsible to 
administer the various international ag(eements concenling '- ~ 
Intellectual Property Rights. This means, the examination of a IP/N/lIIDNIPIl 
Page S8 
patent application is not only conducted by an official 
appoillted by the 1'.1inister, but it is also possible to be 
conducted by a patent Examiner from a Patent Office abroad . 
. Adopting this formulation, thus, in the framework of 
simultaneous patent applications filed at one time in a number 
of countries, the Patents Office may seek help under the 
international agreement aforesaid to carry out examination of 
the pertaining patent application. 
FUJ1Lermore, see also the elucidation of the pre\'IOUS 
Article 1. 
Figure 2 
A t' 1 . A' 1 " l' .. ,.. hccofmng to t le preVIous .' ~r1JC e J, t le oetcrmlllallOn or 
novelty of an invention is basicaliy relied on the requirement 
that the invention has not been announced, either in \vriting or 
orally. Such provision contained weaknesses. This means that 
even if an invention has not been announced, it is still possible 
that such inventioll is not considered as novel that is when there 
has been a similar invention in existence \vhich has been 
invented earlier, or if the latter invention constitutes part of the 
former invention. 
"Former invention1t means any invention and any kind of 
information .related to the invention that have existed prior to 
the filing of the patent application or prior to the filing date of 
the patent application. 
Based on that consideratioI'''7 therefore, the formulation is 
replaced with the more appropriate principle by adopting a 
positive approach. With the amendment of Article 3 here, thus 
the novelty characteristic is determined on examination that on 
the time an application is applied for, such invention does not 
constitute part of an existing invention or part of an earlier 
invention. This means that a Patent Examiner has to use the 
existing invention as a comparison. Such comparison, among 
others, is in the fDIm of invention documents clarified in IP/NI1 IIDN/P/1 
Page 59 
writing or oraily, or by employing other manners that enable an 
expert to use the 'invention according to the clarification. In line 
with the principle, any patent application document that has 
been endorsed to the Patent Office, including any international 
patent application applied in Indonesia, are used as comparison 
document. 
Figure 3 
The addition of paragraph (2) is meant to complete 
provision regarding the condition on which an invention is 
deemed to have been announced. The purpose is to affirm that 
the announcement of an invention by a person that is done in a 
manner in breach of obligation to n1aintain the secrecy of the 
pertinent invention is not deemed to have been announced, if 
such announcement is done within a period of 12 (twelve) 
months prior to the filing of the patent application, 
Furthermore, see also the elucidation of the previous Article 4. 
Figure 4 
The amendment is meant to provide more clarification 
concerning the scope of Simple Patent protection which covers 
both product and process, and to define the novelty requirement 
applicable to invention which might qualify a protection under 
Simple Patent. In the provision of the previous Article 6 the 
scope of protection was applicable to invention in the form of 
product, being a product which has economic values because i~ 
possesses of practical values. Such invention is usuaIiy in the 
form of an equipment that is commonly used in daily life, such 
as meatball maker machine, coconut shredder, coffee shell 
cracker, cob-corn remover, a.nd rice-stalk remover. l\·1eamvhile, 
Simple Patent for process is granted to, for instance, a process 
of food processing. 
With the restriction that the novelty requirement on such 
invention is applicable only \vithin the territory of lndonesia, it IP/NI1 IIDNfP/l 
Page 60 
IS hoped that patent applications by Indonesian inventors for 
simple inventions will increase. As to. the phrase "simple 
invention done in Indonesia" it c.overs any information 
concerning inventions that may be collected in Indonesia. 
Furthermore, see also the elucidation of the previous 
Article 6. 
Figure 5 
The exception as provided for in .Article 7 letter b and letter 
c was originally meant to protect the public interests. For food 
and beverages, including plant and animal varieties necessary 
for the food suppiy, constitute the main issue for the realize.tioD 
of society welfare. 
The deletion of the tVI/'O proVIsIOns is done upon 
considerations that it is necessary to meet the n'eed of food that 
is considered as important by the people and that it is necessary 
to encourage research and development activities that lead to 
technological inventions capable of producing food material as 
much as possible in term of kinds, quantity, and quality_ This is 
becoming more important for it is the research and development 
activities themselves that actually result in the required 
technology. 
\Vith the existence of protection in the patent system. 
therefore, a better climate for the activities that result in such 
inventions will be created. \Vith the amendment, thus the fields 
upon which patents were not capable of being granted are now 
open to patent application. This amendment is at the same time 
done to confonn to the TRIPS Agreement. 
Furthermore, see also the elucidation of the previous 
Article 7. 
Figure 6 
The changes concerning the determination of protection 
period of patent from 14 (fourteen) years into 20 (twenty) years IP/N/lIIDNIPIl 
Page 61 
and the possibility to extend it for 2 (two) years are meant to 
conform to a certain degree of protection, which is considered 
sufficient and in compliance with the standards prescribed by 
the TRIPS Agreement. '--' 
The extension of the protection period of patent may 
actually even stimulate and encourage researchers and people in 
general to do researches that result in inventions. Such research 
activities usually take energy, time and cost of considerable 
ecol1omic value. Ih such cases it is then appropriate if the 
period of patent protection is also referred to consideration to 
give sufficient tlme to return the cost spent. \Vith such 
considerations, therefore, a longer period of protection win 
provide them \vith an 0ppoitunity to enjoy economic benefit 
more sufficiently from his invention. 
Furthermore~ see also the elucidation of the previous Article 
9 paragraph (2). 
Figure 7 
The extension of the protection period of patent upon 
Simple Patent from previously 5 (five) years into 10 (ten) years 
is basically meant to optimize the protection upon the kinds of 
invention mostly invented by Indonesian inventors. This is not 
intended to restrain the public from immediate use of such 
inventions on the date they become public domain. Such 
extension is stipulated within a. normal ti me frame by' putting 
into consideration the interests of Indonesian inventors in order 
to stimulate them to invent more inventions, particularly the 
simple ones. 
Figure 8 
The mam amendment in this Article is the insertion of a 
new element that is the right to prohibit importation. Because of 
the addition of this new element. the wording of the sentence in 
this .Article is also rewritten. IP INllfIDNlP1l 
Page 62 
As of the ':lddition of a new provision being paragraph (2), it 
is meant to limit the applicability. onto product that is directly 
resulted from theuse of the Process Patent 1"1. This is necessarv 
because technology in the field of processing has a hug"e 
capability to develop, and that way it is also meant as a measure 
to reduce the.possibility of a right abuse, whlch may harm the 
econom'y in general. 
This amendment is done to conform to the TRIPS 
I" '7-""emc.>·t _'-Si\;., 1 1,.Jh. 
h1eanwhile, the deletion of the phrase "to use his invcntiqn 
in a commercial manner" is meant to avoid a formulation which 
duplicate the formulation of ;~Jticle 5 Lmv No. 6 of i 989, th?~ 
is for an invention to be able to applied in the industry. 
As of the amendment of :he phrase IIthroUl2h the gi'v'ir!Q. or 
~ ........ ,---_. 
consent to another person", it is meant to affirm the existence of 
a nonn of prohibition upon a patent. 
Furthermore, see also the elucidation of the previous 
Anicle 17. 
Figure 9 
The addition of new provisions in paragraph (2), paragraph 
(3) and paragraph (4) is necessary to accommodate the 
economic rationale of patent use. For not all kinds of patented 
invention can be profitable in economics sense if the market 
scale of the product concern is not balanced with the investment 
value. Some branches of industry face this problem, such as 
pharmaceutical industry. In this branch of industry the 
feasibility often covers a market of regional scale, such as the 
South East Asia region. For that reason a decision is given upon 
an objective evaluation. 
If a patent is not used in Indonesia) the Patent Holder has to 
submit an application furnished with reasons and evidence 
given bv the authorized Government offices. For instance in ~ " ' 
the field of medicine or phamlaceuticals, such cyidence is given IPINIl/IDN/P/l 
Page 63 
by the lV1inistry ofHeaith. \Vhile in the field of electronics, it is 
given by l\1inistry of Industry and Trade. If the invention 
related to technology for the purpose of natural rt;sources 
exploration and exploitation, the information is given by the 
l\·finistry of Idining and Energ:,( 
tv1eanwhile, further provision concerning the exciusion 
requirement that will be reg'ulated by a Government Reguhtion 
is expect.ed to consider cft':'orts in support or an effective 
technology transfer and capable of increasing the country's 
devisa. 
FiQJJre 10 
The amend rnent of A.rticle 2 i is me..1.nt to conform to the 
provision of the TRIPS Agreement already accommodated 
through the amendment of Article 17, 
Nevertheless, the amendment is done after considering the 
need for a national development. in this sense there are two 
steps to consider: 
Firstly, making use of the possibility' allowed under Article 
5 quater of Paris Convention, Under this provision the right of a 
Patent Holder of a process to stop import activities of a product 
which is produced \lsing the patent I.vithout his consent is 
limited only to products which are directly and solely produced 
from the use of the pertinent patent. 
Secondly, giving a leeway and a restriction at the 'same time 
for the possibility that a product has been inlpOried, which was 
made possible under the provision of Article 17 Law Number 6 
of 1989 concerning Patents. 
The old Article 21 \vas formulated upon a consideration to 
keep a balance between the· right and the interest, as well as the 
need to realize the welfare of people in general. The decision 
was of a very strategic nature~ particularly because there were 
national interests at the. background that is to promote and 
develop national industries. The assertion that an importation IP/N/lIIDNIP/l 
Page 64 
was not considered as infringe.n1ent of patent was basically 
applied only to certain product protected by patents. \Vhereas 
the amendment done is basically directed to maintain the 
protection to certain industry and national interests in general. 
The formulation of the new provision basically admits the right 
of a Patent Holder to prohibit another person who without his 
·consent imports the product of his patent. However, such right 
may only be exercised if upon the invention in the form of 
process that is used to make the imported product has been 
granted a patent, and protected under this Law as well as has 
been used to make product in Indonesia. 'Vith this regulation, 
thus, the importation or a product or its 1 esemblance \vhicn is 
protected under Process Patent may stiil be done in order to 
increase the society's welfare and not considered as patent 
infringement, provided such product has not been made in 
Indonesia. 
Figure 11 
The deletion of Article 22 is based on practical 
considerations that is to avoid contravene the provision of 
.Article 66. To replace, particularly to strengthen the provision 
of Article 66, the perfection is done on the provision regarding 
claim for damages. Law'fully, the provision of Article 22 
possessed a neutral meaning. However, in practice the 
provision had a potential of creating problems. This means that 
although it is quite true that there is no patent protection before 
the granting of a patent, however, in practice the provision 
could injure the interest of a person that filed a patent 
application. To a person who had bad intent, such a provision 
provided a loophole to use the invention during the period In 
which a patent had not been granted. The society \";as free to 
use it. With this amendment such use can be avoided. Figure J 2 IP/N/1/IDN/P/1 
Page 65 
The prOViSIon of Article 33 paragraph (2) basically 
regulates the determination of the filing· date of a patent 
application. Such provision should have stated merely the 
obligation to fulfill the minimum requirement and not the 
maximum requirement that covers the entire administrative 
requirements. 
From the point of vIew of implementation, the non­
fulfillmem of requirement as prescribed by Article 29 does not 
t d 1 .c' -I . d (' ... T' cause tne clay 01 tne tlllng ate or patent appllcatIon. _ ne 
deficiency will only cause a patent application under the right 
;;:-. . h k l' , I' .,.. Ot prIonty not to "e ac 'no\v eageo. n otner \vorus, tne prionty 
datc of the patent application is not acknowledged. The fiiing 
datc of a patent application is solely detennined by the 
fulfillment of requirement as stipulated in .Article 30. This 
means that a non-fhlfilJment of the provision in Article 31 
cannot be used as a reason to delay the filing date of a patent 
application. For the time frame of search and examination in 
every country is not necessarily the same. 
Figure 13 
This change is meant as perfection. The purpose is to avoid 
a misunderstanding that frequently happens in pract.ice because 
of the vagueness of the words lInot to broaden the scope of 
protection". This amendment is done by replacing the wordings 
with tlnot to broaden the scope of invention". Meanwhile, the 
words "add new mattersll are meant to add a subject matter that 
was not stated in the patent application previou5Iy filed. 
Figure 14 
This change is also meant as perfection and to give more 
c1ari fie-ation. IPINIlIIDNIPIl 
Page 66 
Furthermore, see also the e!ucid3tion of the prevIous 
Article 40. 
Figure 15 
The provision of Article 42 is deleted as the consequence of 
changes in the provision concerning the time period of patent 
proteGiion which is stipulated for 20 (twenty) years. 
\Vith the changes, therefore, the provision concerning the 
extension of the protection period of patent is no longer needed. 
Figure 16 ..... 
As in the case of the deletion of Article 42, the deletion of 
provision in Article 43 is also as a consequence of changes in 
the protection period of patent which does not include the 
extension of protection period of patent any more. 
Figure 17 
See the elucidation of Article J 5 and Article 16. 
Figure 18 
The changes of Article 47 paragraph (1) is basically meant 
to clarify matters which become the requirement for the 
announcement of a patent application. In the original provision. 
the requirement in .Article 1 is considered as excessive. The 
provision in the .Article 1 is not absolutely applicable. The 
elucidation for the deletion of Article 3 1 as a reference 
provision in this Article is also applicable to the elucidation of 
Article 55 paragraph (2). l\1eanwhjle the amendment 
concerning the time to conduct the announcement of patent 
application is meant ~o adjust to the period of announcement as 
provided by the Patent Cooperation Treaty. This amendment 
also gives an advantage to Indonesian inventors \';ho intend to IP/N/IIIDNIPIl 
Page 67 
file their patent -applica.tion abroad. For the noveity character of 
the invention remains preserved. 
The actual announcement is done immediately after the 
eighteenth month computed from the date of receipt of a patent 
application. "Priority rightl1 means the right of an inventor (who 
is entitled to the invention) to file a patent application for the 
same invention in any other country \.vhich are member 
countries to the Paris Convention within a certain period of 
time (in the case of patent it is 12 (twelve) months as from the 
first filing). 
This administration is to refer io .t\rticle 4 letLer C figure 4 
of the Paris Convention. 
Thus, a patent application ,>vith a priority right is a patent 
application which is filed at the Patent Office (Indonesia) with a 
claim that the filing of such patent can be regarded to have been 
filed on the same date as the other applications of the same 
invention in other countries of the Paris Convention. 
Figure 19 
The amendment is done by deleting the prOVlSions 
concerning the number of patent application and adding two 
irnporiant elements that must be stated in the announcement. 
The number of patent application is deleted as Article 24 
clearly states that one application may only be filed for one 
invention. Meanwhile the stating of invention classification 
along \vith the drawing, other than to conform to the 
international administration in the framework of patent 
cooperation, is also to eas~ in finding the exact classification 
for the patent concern. For people who want to know or study 
certain kind of technology, they would be very much helped in 
searching: the materials needed. Classi fication can lead to '-
Il'ettin~ references related to the kind of technoloi!:v needed. --- "--.... IP/N/l/IDN/P/l 
Page 68 
Classification means technical grouping of the kinds of 
technology which is divided into 8 (eight) major fields which 
are symbolized in capital letters from .A, B, C, D, E, F, G, to H. 
Each field of technology is divided into classes, subclasses, 
main ,groups} and subgroups. 
Thus, hy stating the complete ciassification of an invention, 
it will be easier and faster for a person to get exact and detailed 
information or reference related to the field of technology of '--
the invention of which a patent application is filed or has been 
granted. This classification is in accordance with International 
Patent Classification (Ipe) v/hich is prepared and published by 
World Intellectual Property Organization (\\TJPO). 
As of "drawingst:, it means a technical drawing of an 
invention concerning product or production equipment of a 
process drawn in the form of diagram, and, in electronics fleld, 
ir1 the form of series. This technical drawing is necessary to 
clarify matters disclosed in the description of invention. 
Furthermore, see also the elucidation of the prevIous 
Article 49. 
Figure 20 
The phrase "however, it shall not be earlier than the date of 
expiry of announcement as referred to in Article 48" means that 
a person is entitled to apply a request for substantive 
examination before the announcement period elapses as 
referred to in Article 48. However, the Patent Office will only 
proceed the application after the announcement period elapses. 
Figure 21 '-' 
The change in this Article is particularly done by inserting 
the element of "Patent examiner at other Patents Offices!:. This 
change enables an application for substantive examination to be 
conducted in pursuant to the patent adminisTration in the 
framework of international patent cooperation IPINll/IDNlPll 
Page 69 
Furthermore, see also the elucidation of the prevlous 
Article 58. 
Figure 22 
The amendment of Article 59 paragraph (1) is basicaliy 
related to changes done in the provision of Article 1 figure 5. 
h1eanwhile, the changes in paragraph (2) and paragraph (3) is 
meant to clarify the status of a Patent Examiner working at the 
Patent Office on appointment by the Minister who, 
administratively, is given position of a functionai officer. \Vith 
this amendment the difference of their status from the other 
Patent Examiners becomes apparent, including the differences 
regarding their rights. '-" '-' '-' 
Furthermore, see also the elucidation of the previous Article 
59 paragraph (3). 
The amendment is done on the provISIon of .Article 60 
paragraph 2 by deleting the sentence regarding the obligation of 
Patent Examiners to address "views and advice to a person who 
files patent application, including the possibility of changes and 
amendment which needs to be done.1t Based on experiences, 
this provision tends to have non-educative impact. With this 
a mendment, if there is obscurity or other deficiencies that are 
considered important, it is enough for the Patents Office to. 
notify the person who files patent application to amend or 
complete it. 
Furthermore, see also the eiucidation of the previous Article 
60 paragraph (1) and Paragraph (3). 
Figure 24 
Other than to get closer to international administration in 
the framework of patent cooperation, the extension of period in IPIN/l/IDN/P/1 
Page 70 
which the Patent Office to give decision upon a patent 
application in' this Article 'is meant to give a more reasonable 
time to officials at the Patent Office to do the substantive 
examination more carefully. The extension from 24 (twenty 
four) months into 36 (thirty six) months at least will reduce the 
burden and time pressure in order to get a more objective result 
of examination. 
Figure 25 
This change is meant as a perfection. Before the 
amendment, Law No. 6 Year 1989 conc·:;;ming Patents asserted 
that the decision refusing a patent app1ic?:cion could be taken 
based only on the ground of non-fulfiliment of provisions in 
.Article 2, .A.rticle 3, arid .Article 5. 1\1eam.vhilc, a refusai can also 
be based on non-fulfillment of Article 30 paragraph (1) and 
paragraph (2), iuticle 39 and Article 60 or because of violating 
provision concerning preclusion as regulated in Article 7. \Vith 
this perfection, the legal grounds for refiJsa1 of a patent 
application become clearer and firm. 
Figure 26 
"" 
The deletion of Article 63 is based on a consideration that 
the content of the provision has been accommodated in Article 
7 and emphasized in the amendment of provision in Article 62. 
Figure 27 
The amendment of paragraph (1) is meant to allow the 
Patent Appeal Commission to perfect the completion of their 
task. In the previous provision, it was the time frame for the 
completion of appeal examination which was stipulated .The 
new prOVISIon does not only stipulate the initiation of the 
examination it also considers the need to allow the Patent IP /N/1/IDNIP 11 
Page 71 
Appeal Commission to work in order to finish their job more 
carefitIly and precisely. 
Even though this Article does not stipulate the time limit to 
complete a patent appeal, nevertheless, the completion has to 
consider the principle of court proceeding that is to be carried 
out in -a fast, simple and affordable manner. 
Furthermore, see also the elucidation of the previous ,1:..nicl e 
71 paragraph (2) up to pa.ragraph (4). 
Fi f1;ure 28 '-
The changes in paragraph (1) and paragraph (2) are meant 
to clarify provisions related to licensing agreement. Such 
agreement basicallv has to be recorded, not rC!2:istered at the ~ ",' .~ .. 
Patents Office. For from administrative point of view, the 
decision as \vhether or not a licensing agreement can be 
registered may only be taken on the basis of registration 
mechanism governing requirements to be fulfilled. rvfeanwhile, 
the obligation prescribed in this .Article .. is to record licensing 
agreement at the Patent Office. Once a lic.ensing agreement is 
recorded, then the Patent Office can evaluate whether such 
licensing agreement contains matters that mav harm the 
~ ~ -' 
national economy as asserted in Article 78. 
As of the addition of provision being paragraph (la) here, it 
is meant to affirm as about the legal consequences of license 
agreement against the third party when such license is not 
recorded at the Patent Office. 
Figure 29 
The addition of a new prOVISIOn in paragraph (2a) is 
important for the provision of Article 82 only provides an 
opportunity to submit a request for a Compulsory License after 
a period of 36 (thirty six) months elapses. With this perfection, 
besides not limiting the period. it also clarifies the ground for 
submitting a request for Compulsory Patent. It is meant to IP /NIl/IDNIPIl 
Page 72 
secure the principle that thert should be a balance between the 
right and the obligation of Patent Holder. '- "-" 
Through this mechanism the negative features attached to 
exclusivity of patent may be reduced. 
The issue of "the interests of the community" arises in the 
case, among others, .when the supply of a product is limited 
solely for the purpose of market control or price fixing, while 
actually it is possible to produce sufIiciently. Even though this 
Article does not stipulate the time limit to finish an appeal 
applicatiof\ however, the compJc~tion still hc.ve to consi.der the 
principle of court proceeding that is fast, simple and attordable 
by the society. 
Furthermore, see.also the elucidation of the previous Article 
82 paragraph (1), paragraph (2) and paragraph (3). 
FigLlre 30 
The addition of the new provision is meant to complete the 
evidence, that in addition to possessing capability and facilities, 
a person who applies for a Compulsory License must have done 
efforts to acquire the Ijcense from the Patent Holder, yet did not 
sLlcceed. That way, the judge will have sufficient consideration 
in the evidence presented to subsequently decide whether or not 
a Compu1sory License may be granted. 
"Sufficient timet! means an adequate time frame that allows 
an applicant to acquire an ordlnary license. Meanwhile the 
words "has taken the steps" means, among others, seeking the 
address of the Patent Holder, contacting him to convey his 
intention to acquire the license, and negotiating the terms of a 
license agreement. 
Furthermore. see also the elucidation of the previous 
Article 83. Figure 31 IP/N/1/IDNIP/l 
Page 73 
The change is meant to adjust with the amendment made on 
provision of Article 18 paragraph (2). 
Furthermore, see also the elucidation of the previous 
Article 84. 
figure 32 
The addition is meant to affirm the principle that c~ 
Compulsor'Y License has to be of non-exclusive nature and the 
utilization is for the sale of domestic market. The latter means 
no-exportation. 
\\iith such non-exclusive nature it means that the Patent 
Holder can also give licenses to any other third party. 
1\1eanwhilc, non-exclusive means that a Compulsory License 
can be requested or applied without any limitation. The 
granting of a Compulsory License does not Emit the possibility 
for the granting of the same Compulsory License to cny other 
pany. 
Figure 33 
The addition of provision in paragraph (2a) is meant to 
clarify. that it is possible for Patent Holders to give a cross­
license to each other in order to prevent them from suing each 
other. The\' can do that on reasonable terms . . ' 
j\,1eamvhile, "reasonable terms" means, among others, it 
does not contravene public interests, in affordable price and m 
support of effective transfer of technology. 
If such patent is licensed, the License Holder may not 
assign the patent unless such assignment is done along with the 
other existing patent. 
FlIIi'hermore. see also the elucidation of the prC\'iOLlS 
Article 88. IPIN/lIIDNlPll 
Page 74 
Figure 34 
Thc addition of the word IIdecision'1 in Article 89 paragraph 
(3) is meant to clarify the actual meaning of the provision. This 
means that the matter to be notified by the Patent Office is the 
decision that has been recorded and announced in the Official 
Patent Gazette. 
Furthermore, see also the elucidation of the prcvlOus 
Aliick 89. 
Figure 35 
The changes in paragraph (1) are meant to accommodate1::e 
ex.isting reality in the business \vorld. The problem W3S that the 
previous provision that limited only t.o inheritance was 
considered less securing the achievement of the Qoal for which ~ ~ 
a Compulsory Licensing was granted. Based on that ground, 
therefore, the provision in paragraph (l) is broadened. This 
means that as far as the grounds for requesting a Compulsory 
License remains exist, then the"possible difficulties faced by the 
Compulsory License Holder in implementing the patent 
concerned is also necessary to consider. This matter happens 
frequently in economic activities. 
How'ever, to prevent a misconduct, such assignment is 
accompanied with requirements that the business or part of the 
business using a patent acquired through a Compulsory 
Licensing has to be assigned as well. 
Furthermore, see also the elucidation of the previous 
Article 92. 
Figure 36 
The changes of prOV1S1on in Article 94 are meant to 
reorganize the regulation for a more effective patent revocation. 
For the only thing which is obviously noticeable by the Patent 
Office -and therefore he may declare as void -. is in the event J . IP/N/lIIDN/P/1 
Page 75 
relcted to payment of annual fee. Furthermore, the requirement 
provision which was previously prescribed in paragraph (l) 
letter a is moved to Article 97 with amendment. The obligation 
to use a patent is implemented in accordance with Article 18. 
Ficrure 37 ::;; 
The addition of prOVISIOn in paragraph (1) letter c is 
actually a replacement-with amendment of the substance in 
.tu-ticIe 94 paragraph (1) letter a of Law No. 6 of 1989 
concerning Patents, 
The consideration is because by principle a patent which is 
not used \vithin a period of 36 (thiny six) months as from the 
date of the granting is open to any Compulsory License 
application. Thus, the t\vo-year limitation in this provision is 
considered as adequate. By' principle, this step does not change 
the basic thought reQarding a balance between the rights and 
~ ~ ~ ~ 
obligations upon which the Patent Law has always been 
founded. 
i\1eamvhile, the addition of paragraph (4) is meant to clarify 
the party entitled to bring a lawsuit in the event that the 
granting of a Compulsory License is in fact .not able to stop the 
continuation of patent utilization that injures the interests of the 
society. A civil action that is related to public interests is 
brought by the Public Prosecutor on behalf of the State. This is 
in accordance \vith provision of Anicle 27 paragraph (2) of 
Law No. 5 of 1991 concerning Public Prosecutor of the 
Republic of Indonesia. 
1\1eanwhile, the phrase in fact is not capable to stop the 
continuing implementation of patent in the form and in such 
manner which harms the interests of the societi' means that 
although a Compulsory Licensing is granted, the granting is not 
followed by the implementation of the patent, with the result 
that the product which is very much needed by the society is 
not fulfilled and the purpose of ~he granting of the license IPINI 1 fIDNlP1 1 
Page 76 
agreement is not achieved. For instance, medicinal product, 
with the result that the price of the medicine remains expensive, 
because the number being produced remains a small quantity. 
Apart from the aforesaid consideration, in practice the Patent 
Office is not able to monitor whether or not a patent is used 
within a certain period of time. 
Therefore, 3 revocation of patent on the ground that a patent 
is not exploited \vithin a certain period of time is done through 
a mechanism of bringing up a lawsuit to the Court 
Furthermore, see also the elucidation of the previous 
Article 97. 
Figure 38 
The amendment of paragraph (J) is rneant to clarify that the 
circumstances prescribed 1n the new provision here is only 
applicable in the event that the pertaining patent remains exist. 
This means that on the time it is revoked there is actually 
another person who is entitled to the pertaining patent. These 
circumstances are possible to happen when there are two Patent 
Holders, and one of them by lav/, subsequently declared as 
more entitled to it. In line with the clarity provided in paragraph 
(1), therefore, the balance of payment is given to the more 
entitled Patent Holder. Likewise, in the event that the Patent 
Holder has recei\'ed the full royalty in lump sum. the new 
provision is provided for a settlement with the Patent Holder 
who is actually entjtled to it. 
Figure 39 
In examining the novelty of Simple Patents, as references, 
the Patent Office only uses simple inventions implemented in 
lndonesia. The novelt)i element to examine also covers any 
technological advances contained in the inyention of \\'hich a 
Simple Patent application is filed. IP INIlIIDNIPIl 
Page 77 
Such examination has to be differentiated from the 
examination carried out to find out the inventive steps, which is 
absolutely required in the case of ordinary patents. 
Fu'rthermore, see the elucidation of the previous Article 
11 C. 
Figure 40 
The amendment of paragraph (2) is basically meant to 
abolish the provision concerning no annual-fee for Simple 
Patent. \Vith the abolition, as 3 consequence, payment of annuai 
fee is aiso appiicable to Simple Patent. 
Figure 41 
The amendment of paragraph (1) is done by deieting the 
sentence "extension of period of patent", This is the 
consequence of the abolition of provision concerning extension 
of the protection period as previously reguiated in Article 42 of 
Law No. 6 of 1989 concerning Patents. 
Furthermore, see the elucidation of the previous Article 
I 14. 
Figure 42 
Th~ amendment in paragraph (1) is meant to adjust with the 
terminology used in Article 94 that is null alid void. 
1\lean\\,hilc, the amendment of provision of paragraph (2) is . 
meant to adjust with the changes of period of patent into 20 
(twenty) years. 
Figure 43 
The addition of this provision is meant to provide assurance 
that the Patent Holder can bring a lawsuit against any unla\vfuI 
use of invention that happens during the process of patent 
application. IPINIlIIDNIPIl 
Page 78 
Figure 44 
The addition of the new prOVISIon is meant to affirm the 
foundation ·and direction for the District C~urt in deciding to 
grant damages· or othenvise reject it on the ground of evidence 
presented in the Court. If the defendant was not aware or has a 
strong reason not to be aware that he has been infringing a 
patent protected in Indonesia, the judge is authorized to reject 
such action for damages. This provision is, in a restricted sense, 
meant to provide protection to a person who absolutely without 
intention has committed an action that CODstltutes a patent 
infringement. 
Figure 45 
This proVIsIOn IS added to comply \vith the TRiPS 
Agreement. The Agreement stipulates the obligation concerning 
reversed burden of proof in cases of infringem::nt of process 
patent. 
The reversed burden of proof is applied because of the 
difficulties in handling cases of process patent infrjngement. 
However, to keep the normal balance of interests bet"\vten the 
parties; the judge remains authorized to order the patent owner 
to submit in advance the copy of patent certificate for the 
process concerned along with the prima facie evidence in 
support of his claim. Apart from that, the judge is also obliged 
to consider the interest of the defendant to get protection upon 
the secrecy of the process which he has explained in the Court. 
Paragraph (1) 
Th It d "If f' " e terms patente process or patent Of process 
basically refers to the same terminology, that is Process Patent IPINlllIDNlP/1 
Page 79 
"New product" means a product that is absolutely new and no 
product similar to it has existed. 
Paragraph (2) 
Self-explanatory 
Paragraph (3) 
The protection upon secrecy is very important because the 
nature of any process, in general, is very easy to be manipulated 
or amended by any person who possesses general knowledge in 
the fidd of engineering or technology, 
Figure 46 
The authority of the judge to give decision on confiscating 
goods being the results of a patent infringement to be destroyed 
is basically meant to prevent the circulation of such goods in 
the society. This is important to prevent further loss on the 
Patent Holder. In line with this provision, the forfeiture and 
disposal is done against any goods being the results of patent 
infringement which is in possession of the violator as well as 
those which are under his authority. 
Figure 47 
This amendment is made to clarify the authority 'of Civil 
SCr\'ant Investigators and the procedures on the implementation 
of the task as "veil as their inter-relation with Investigators of 
the State Police of the Republic of Indonesia and the Public 
Prosecutor. 
.1\ clear provision regarding investigation is important f:"or 
investigative apparatus in carrying out their tasks. Therefore, it 
is necessary to clarify that even though Civil Servant 
In\'e::;tigators within the Ministry of which the task and 
responsibil ity includes management of patents are vested \vith a IPINIlIIDNIPIl 
Page 80 
sp'ecial authority to be an investigator, this does not eliminate 
the function of Investigators of the State Police of the Republ ic 
of Indonesia as the 1v1ain Investigator. In carrying out their 
tasks, Civil Servant Investigators are under the coordination and 
supervision of Investigators of the State Police of the Republic 
of Indonesia, Therefore, during the process of investigation a 
Civil SerVant Investigator needs to consult with Investigators of 
the State Police of the Republic of Indonesia. It is in this stage 
of investigation that Investigators of the State Police of the 
Republic of Indonesia give technical directions concerning the 
format and the content of Deed of Investigation and at the same 
time check the truth of the content of the Deed. After the 
investigation is over, the result of investigation shall be 
submitted by the Civil Servant Investigator to the Investigator 
of the State Police of the Republic of Indonesia, who in turns 
shall proceed it immediately to the Public Prosecutor. This is in 
accordance with the principle laid down in A..."iicle 6, :\rtic1e 7 
and Article 107 of Law No 8 of 1981 concerning Criminal 
Proceedings. 
Bearing in mind this principle, thus the word "through I! in 
paragraph (4) is not necessarily understood as stating that 
Investigator of the State Police of the Republic of Indonesia 
mayor shall undertake reinvestigation. Because technical 
assistance on investigation as well as on the reporting of result 
of the investigation) basically, hc,s been given during a period in 
which Civil Servant Investigator carrying his investigation. As 
a result, the principle of fq.st and effective procedures as 
prescribed by Criminal ,Proceedings Law can be implemented. 
Article IT 
This provision is meant to avoid different periods of patent 
protection in existence 'as a result of the stipulation of period of 
patent protection for 20 (t\',:enty) years. IP/N/1/IDNIPII 
Page 81 
The adjustment of period of patent protection will be 
implemented on the payment 'of annual fee for the following 
year after the year of promulgation of this Law. 
Article III 
Self-explanatory 
SUPPLJ:rviENTJ..RY STATE GAZETTE OF THE REPUBLIC OF 
INDONESIA 
N1JlvlBER 3680 IP/N/lIIDNIPIl 
Page 82 
COMPILATION 
Law Number 6 of 1989 Concerning Patents 
And 
Their. Implementing Regulations 
Directorate General of 
Copyrights, Patents and Trademarks 
Ministry of Justice 
Jakarta Introduction IP/N/1/IDN/PIl 
Page 83 
The main objective of the pUblication by the Directorate 
General of Copyrights, Patents and Trademarks Department of 
Justice of this English Translation of Law Number 6 of 1989 
concerning Patents and Law Number 6 of 1982 concerning 
Copyrights as Amended by Law Number 7 of 1987 is to assist 
foreign users. 
Many people have contributed to the compilation of this 
book. 
I would like to acknowledge ,with the Slncere gratitude and 
appreciation the effort and contribution made by : 
-Mrs. Winita E Kusnandar, Official/Sworn Translator; 
-Mr. Supjan Suradimadja, Director of copyrights; 
Mr. Mohammad Mochtar, Head of Sub Directorate of 
Substantive Examination, Directorate of Patents; 
-Mr. Arry Ardanta Sigit, Head of Patent Application and 
Classification, Directorate of Patents, 
who have translated the Legisiation from Indonesian into 
English. 
Despite of possible shortcomings, I hope this book will be 
~8eful in serving the need particularly of the foreign 
users. Tangerang, February 1993 
Director General 
Copyrights, Patents an 
Nico Kansil 
NIP. 090002557 IPINIllIDN1P1 1 
Page 84 
PREAMBLE 
LAW OF TIlE REPUBLIC OF lNOONESIA 
NUMBER 6 OF 1989 mNCERNING PATENTS 
BY THE MERCY OF GOD ALM I GHTY 
THE PRESIDENT OF THE REPUBLIC OF lNOONESIA 
Considering: 
(a) that the state of the Republic of Indonesia is a legal 
state based on Pancasi la (five Principles of State Ideol­
og:vl and the 1945 Constitution with the objective to 
achieve a just and prosperous society. equitably Of1-
entecl b'Jth materiall)' and spiritually: 
(b) that in the f:-ame-,I;orJ..: of the implemE.'nt~tion of n8.tionCll 
cl\~\"el()pment ;n general. cmd economIC den;l'Jpm>2nt 1n 
parcicularr t~chnolog~ has a very important role In 
the i ntprovemen t and aclvancemen t 0 f i nclus t n-: 
(c) thelt in viev. of the importance of the role of technology 
ill the impro\"ement Rnd a.dvancement of industry, it is 
necessary to create R more fa\'ourable c! imate for techno-
logical discoveries and the means to provide the 
results of said activities with legal protection: 
(d) that In order to create the above mentioned climate fmd 
means fpr legal protection. it is deemed necessary to 
stipulate regulations concerning patent in the form of a 
law. In view of 
1. Article 
Article 
tion; JP/N/lIIDN/P/l 
Page 85 
5 paragraph (1). Article 20 paragraph (1). and 
J3 paragraphs (1) and (2), of the 1945 Constitu-
2. Article 16 of Law No. 5 of 1984 regarding Industry (State 
Gazette of 1984 Number 22, Supplement to the Stat~ Gazette 
No. 3274); IP/N/lIIDNIPIl 
Page 86 
With the ,approval of 
To enact THE PEOPLE'S OOUSE OF REPRESENT AT IVES 
OF TIiE REPUBL I C OF INIX>NES I A 
D Eel DES 
The Patent Law. 
aIAPTER I 
GENERAL PROVISIONS 
Article 1 
Interpretation Under this Law: 
(1) A patent shall mean a special right which is gIven by the 
Slate to an inventor for his invention in the field of 
technolog.'v for a 1 imi ted period. in which he shall him­
self exploit the invention or give his approval to any 
other person to exploit the same. 
(~) An invention shall mean an activity for the solution of a 
certain problem in a field of technology. and may be a 
process ,or a product. or an improvement or deve lopment of 
a process or a product. 
(3) An inventor shall mean a person or several persons joint­
ly carrying out activities which produce an invention. IP/N/1/IDNIPIl 
Page 87 
(4).-\ patent holder shall mean the in(,-entor as cmller of the 
patent or any person or legal entil~' haYing received such 
right from the owner of the patent or other persons or 
legal entity having received furlher right from such 
person aforesaid, registered In the Patent Rolls. 
(5) A. patent examiner shall mean a.n official who for his 
expenlse IS appointed by the Minister and assigned to 
examine patent application. 
((~) \linistershRII !l1ecm the \iinister '.':tv)~>e sC'J~)(~ of dl~.t:: ((nd 
resrxmsibility inc:ude the administration of pcHents, 
(-) ?Rtent Office shall meRn Em organizRtionc.t un~t w~~.hin 
the sphere of a gO\'erment department. ha\'ing nuthor~t:: dne! 
carr:'ing out duties in the field of patents, 
CHAPTER I I 
SCOPE OF PA~lS 
Part One 
Invention For Which Patent \la~' Be Granted 
.-\r tic t e ') 
Patentable Inventions; Inventive Ste~ 
ma\, be 2:ranted for a nei\' invention which . '- in- ( 1) A pa t en t 
volves an 
industry. inventive step and ~hich can be applied 1n IPINIlIIDNIPIl 
Page 88 
(2) An invention involves an inventive step if said inven­
t ion would not have been obvious to a person wi th the 
usual e~pertise in the technical field. 
(3) The judgement that an invention would not. have been 
obvious should be made by asessing the expertise existing 
at the time a patent application IS submitted, or In 
existence at the time a patent application is submitted 
or in existence at the time first appli~ation IS submit­
ted 1n case such application submitted IS claiming a 
right of priority. 
Article 3 
Nove 1 t y. 
An inventi·on is not considered as new, if at the time the 
patent application patent is submitted: 
la} said invention has been announced in Indonesia or out­
side Indonesia in a publication in a manner which enables 
an expert to use said invention: or 
(b) said invention has been announced in Indonesia through an 
oral explanation, or through a demonstration as to its 
use or in· any other manner. so that it enables an expert 
to use said invention. Articl"e 4 
Act s ?-iot Des t roying }~ove 1 t Y . IP/N/1/IDNIP/1 
Page 89 
An invention is considered to be unannounced. if within a 
maximum period of 6 (six) months preceding the date of 
submission of a patent application: 
(a) the invention has been shown in an international exhibi­
tion in Indonesia or abroad. which i~ official. 0f ac­
knowledged to be official. or in a national exhibition in 
Indonesia. which is official or ~ckno"ledged to be offi­
cial: 
(b) the invent ion has been used in 1 nclones iEt by t he inventor 
within the framework of experimentation fOf re::.cafch Rnd 
development pur{X)ses . 
. -\rticle :=; 
Industrial Application. 
:\11 invention can be applied in industr:,' if the invention may 
be produced or may be used in various types of industry. 
Article 6 
Simple Invention. 
cr product Any invention in the form of a new object. tool 
whi ch does not possess the qua 1 it i es 0 f an 
however. fX)ssesses practical utility because of i IIVel! t ion. 
its 
configuration. construction or compositIon may obtain 
protection in the form of a simple patent. shape. 
legal 
/PRrt 1'\1;0 ---IP/N/1/IDN/P/1 
Page 90 
Part Two 
Invention Not Granted Patent or Patent Grant Deferred 
Article 7 
Unpatentable Inventions. 
Patent shall not be granted for: 
(a) invention of processes or products whose' publication and 
use or implementation contravene the prevailing rules and 
regulation public order or morality; 
(b) invent ions of processes or food and be\·er~ge product s 
including products in the form of materials which have 
been produced through a chemical process for .the purpose 
of producing consummable food or beverages for human 
beings and/or animals: 
(c) inventions of a neR kinds or variety of plants or anI­
mals., or any process whatsover which may be used for the 
production of plants or animals as well as plant or 
animal products: 
(d) inventions of a method of examination, treatment. medical 
care and surgery which may be applied on human beings and 
animals. however. does not apply to products used in or 
connected'with such methods; 
(e) invention of theories and methods In the field of science 
and mathematics. Article 8 
Deferrment of Patent ProtectlonJ IP/NIlIIDN/P/1 
Page 91 
(I) A President'ial Decree may,st:ipulate that the granting of 
a patent for cett1ain ~invent ibnS~ ',in 'the form of a process 
or product may be deferred for a maximum period of 5 
(five) years provided tnat sa':iCl 'De,ci.s'ion shad !lat be 
effect wf.t-h: respe'tt -lo ,~ 
(a) inventions, wh'i-ch -~t. lhe dat'e of the Decls'ioh' have 
obtained or a're :grntfted pate'nts: 
Cb) inv.en'l:ion:s whiQh at the', date of issuance of the 
Decision .may app l:y '{or a patent c,l aiming a r igl1 c of 
priori.ty. 
(2) following :the~expiratio'n 'nf, the defQ(red period 0':; re­
ferred to in paragraph (1) a patent applic~tion shall be 
announced. inimediateJy', and: a substant i ve eX8.rniJ~d lion 
shall ,commenc~, af.ter the ex.pirat,ion of t'he announc\':!llent 
ptriod as regulated unden this law .. 
Part Three 
Term 01: c..Patent 
Art,icle ,f), 
Term 
(1) A patent shall be granted for a period of fourteen years, 
as from date of the filing of the patent appliCation. IP/N/1/IDN/PIl 
Page 92 
(2) The date of effect and date of expiry of the patent 
period shall be recorded in the Patent Rolls and an­
nounced in the Patent Official Gazette. 
Ar tic I e la 
Term of a Simple Patent . 
. A simple patent shall be granted for a period of five years 
as effect from the date of granting of the Simple Patent 
Certificate. 
Part four 
Right To A Patent 
Article 11 
Subject of Patent. 
(1) Those entitled to a patent shall be the inventor or 
anyone subsequently receIvIng the right of such inventor. 
(]) I f an invent ion has been joint ly produced by severa 1 
persons, then those subsequent ly receiving the r"ight of 
such person~ shall be jointly entitled to such invention. Article 12 IP/N/l/IDN/P/l 
Page 93 
The Person Filing the Patent Application 
De emed To Be I nven tor. 
(1) Unless proved otherwise, the party deemed as the invc:ntor 
shall be thos'e who file a patent application for the 
first time. 
(2) Those who file patent application as referred lo 1n 
paragraph (1) shall not be granted a patent if the con­
t=1.ts of the application contains information copied 
from t'rl.e description and/or drawings of an invention made 
by another Derson and for which an application has al­
ready been fileG 0[ for which a patent has already been 
granted. 
Article 13 
Invention Made By An Employee. 
\ ~ \ Untess otherwise agreed in an employment agree:1lent \ 
those eh\:.ltled to a patent on an invention which has been 
produced shall be 'the employer. 
(2) The provis ions as referrell to in ~ragraph (1) sha 11 be 
also applicable to inventions Produced 'by or 
workers In 
their employment, despite their employment agreement does who have used data and .facilitie~ employee::; 
available 
not require them to make an invention. IP/N/1/IDNIP/1 
Page 94 
(3) The inventors referred to In paragraphs (1) and (2) shall 
be entitled to receive a reasonable compensation with due 
observance to the economic benefits which can be deriv.ed 
from such invention. 
(4) Compensation as referred to In paragraph (3) may be paid: 
(a) In a certain amount and In a lump sum: or 
( 5 ) (b) on a percentage basis: or 
(c) In a combination of a certain lump sum with a gift 
or bonus; or 
(d) In a combination of percentage, with a gift or bonus; 
which amounts shall be determined by the relevant 
parties. 
If no agreement IS reached concernIng the method of 
caiculation and the determination of the amount of 
compensation. a decision sha 11 be requ.es t ed from the 
local Distric Court. 
(6) The provisions referred to In paragraphs (1), (2), and 
(3) shall not abrogate right of the inventor to have his 
name stated in the patent certificate. 
Article 14 
Right Derived From Prior Use. 
(1) Any person using an invention at the time a patent IS 
applied for an identical invention shall remain entitle 
to use such invention as the first inventor even though IPINIlIIDNIPIl 
Page 95 
such identical invention is subsequently granted a 
patent. 
(1) The provisions In paragraph (1) shall also prevail for 
patent applications filed with priority rights. 
Article 15 
No Rights Where Patent Has Been Requested. 
The provisions referred to in Article l~ shall not be effec­
tive if the person implementing such invent ion uSeS knc)',dedge 
from descriptions. drawings. samples or other information of 
the invention [or which patent has been requested. 
Ar tic I e 16 
first 'Inventor Certificate 
(1) A person USIng an iO"ention as referred to In :\rticl . ..: 14-
may be acknowledged as the first im'entor. if he S!.':'B1its 
a patent appl ication therefor to the Pa.tent Office : fter 
a patent has been granted on the identical 
aforesaid. . . 
10\'('(1 lIon 
(2) An application for acknowledgement as the first irwcntor 
must be accompained·with evidence that such inventi~n has 
not been made by using descriptions. drawings. samples or 
other information of the invention. for which patent has 
been requested. IP /Nil IIDNIPIl 
Page 96 
(J) Acknowledgement as the first inventor shall be given by 
the Patent Office In the fora of a First Inventor 
Certificate and a fee must be paid therefor. 
(4) The First Inventor Certificate shall expire at the time 
patent.of the identical invention expires. 
Part Five 
Rights And Obligations Of Patent Holder 
Article 17 
Rights 
The patent holder shall have exclusive right to expl9it 
commercially his patent individually or by giving his consent 
to other persons. namely: 
(a) to make, sell, lease, deliver, use, supply for sale or 
lease or delivery of the products for which patent has 
been granted; 
(0) to use production processes, which have been granted 
patent rights for the production of goods and other acts 
referred to in letter a. 
Article IS 
Obligation 
The Patent Holder shall be obliged to use his patent within 
the territory of the Republic of Indonesia. Article 19 
Annual Fees IP/NIl/IDN/P1l 
Page 97 
For the management of the validity of a patent ahd the regls­
tration of .licences, the Patent Holder.or Licence Holder of a 
patent shall be obl iged to pay maintenance fees knOWll as 
annual fees. 
Part Six 
E.xception Of Implementation And Infringement Of Patent 
Article 20 
Import Does Not Constitute Implementation 
The import of produc t s whi ch have been gran t ed or illE\c1e wit h 
processes which have been granted patent shall not constitute 
implementation of a patent. 
Article 21 
Import Does Not Constitute Infringement 
The import of products which haye been granted patent or 
their equivalent which are carried out by persons other than 
the Patent Holder shall not constitute ao infringement of the 
relevant patent except in certain cases, which shall be 
further regulated by Government Regulations. 
/ Ar tic 1 e 'i ·1 IPIN/lIIDNIP/l 
Page 98 
Article 22 
Acts Not Constitute Infringement 
The use of an invention in the form of a product or a 
process. or the sale. lease. or delivery of the result of the 
use of such invention which has occurred at the time or prior 
to the granting of the relevant patent shall not constitute 
as infringement of such patent. 
CHAPTER I I I 
PATENT APPLICATION 
Part One 
Genera 1 
Article 23 
Application. 
A patent shall be granted on the basis of an application. 
Article 24 
Uni ty of I nvent ion. 
A patent application may be filed for one invention only. 
Article 25 
Appl icat ion Fee. 
A patent applicat'ion shall be filed to the Patent Office 
along with a fee. the amount of which shall be determined by 
the Minister. Article 26 
Devolution of Title. JP/N/l/IDN/P/l 
Page 99 
(I) F a patent appl ication is filed by a person other ·than 
the inventor, such application must be accompanied with a 
statement and sufficient ev-idence that the patent 
appli~ation is entitled to the f(levant invention. 
(2) The Pa\ent Office shall be obliged to send a copy of the 
stat~ment referred to in paragraph (1) to the inventor. 
(3) liT.> inventor may examine the patt:nt application filed by 
a perSOI. 0ther than the inventor as referred (0 In para­
graph (1) all\:. at his own expense may request for a copy 
of such app 1 i cat i011. 
Article 27 
Patent Consultant. 
(1) A patent application may be filed by a Patent c0nsultant 
1n Indonesia as the attorney, except 1n certain cases 
stipulated otherwise under this Law. 
(2) The Patent Consultant referred to In paragraph (I), shall 
be a consultant registered in the Patent Consultant 
Register at the Patent Office. 
(3) As from. the date of receipt of a :power of attorney, the 
Patent Consultant shall be obliged to safeguard the 
secrecy of the invent ion and all documents of the pa t cnt 
application until the date of announcement of the rele­
vant patent application. IP/N/1/IDN/P/1 
Page 100 
(4) Provisions regarding requirements for registration as a 
Patent Consultant shall be regulated by a Government 
Regulation. 
Article 28 
Application By Non-residents. 
(1) A patent application filed by an inventor or a person 
entitled to an invention who is not residing or perma-
nen t I y domiciled in the territory of the Republic of 
Indonesia shall be filed through a patent consultant In 
Indonesia as the attorney. 
(2) The inventor or the person entitled to an invention. as 
mentioned In paragraph (1) shall declare and choose his 
residence or legal domicile in Indonesia for the purpose 
of such patent application. 
Article 29 
Application Claiming Priority Rights. 
(1) A patent application which is filed with priority right 
as regulated by the international convention for patent 
protection in which the Republic of Indonesia IS a party, 
shall be submitted within a period of twelve months as 
[rom the date the first patent application is received by 
any country which is also a party to su~h convention. IP/NIl/IDNIPIl 
Page 101 
(~) Wi th due observance to the 'provisions of this law con­
cerning requirements.which must be fulfilled'by a patent 
application, a patent application with priority right as 
referred to in paragraph (1) shall be completed wi t1"1 a 
copy of the first patent request which has been certified 
as correct by the competent authorities in the rele',"ant 
country within six .months as from the date of such paLent 
appl iCalt ion. provided the time 1 imi t referred to 1n 
paragraph (l) is not exceeded. 
(3) If the provisions, contained in paragraphs (1) and (2) 
are not fulfilled. the patent application shall not be 
filed with priority right. 
Article 30 
Requirements 
(1) A patent application shall be made 1n writing 1n the 
Indonesian language to the Patent Office. 
(2) A patent application shall contain: 
(a) the date. month and year of the application; 
(b) the full and clear address of the person filing the 
patent application mentioned in letter a: 
(c) the full name and nationality of the inventor: 
(d) it the application is filed by another person as the 
attorney, such application must contain the full name 
and address of the relevant attorney: IP/N/1IIDNIPIl 
Page 102 
( e ) a special power of attorney if the application IS 
filed by an attorneYi 
( f) a request for 8 patent; 
(g) the title of the invention: 
( h) claims contained In the invention; 
( i ) a written description of the invention which fully 
discloses the manner of using the invention: 
( j ) drawings mentioned in the description ythich are 
required for the explanation: 
(k) an abstract of the invention. 
(3) further prOVISlons for the filing of a patent appl ication 
spaclng shall be regulated b~' the Minister. 
Part Two 
Patent Application With Priority Right 
Article 31 
Requirements for Application Claiming Priority. 
(1) In addition to a copy of the application referred to 
Article 29 paragraph (2), the Patent Office may request 
thjt a patent application filed with priority right shall 
be supplemented with: 
(a) an official c6py of the documents pertaining to the 
examination of the first pAtent application overseas. IP /NI lIIDN/P/1 
Page 103 
(b) an official copy of the patent documents. which have 
been granted wi th respect to the first patent appl ica­
tion made overseas; 
(c) an offic.ial copy of the decision concerning the 
rejection of the first patent application made over­
seas in case such application is rejected; 
(d) an official copy of the decision for the annulment of 
the relevant patent which has been issued overseas in 
case such patent has been annulled: 
(e) other documents which !MY be required In order to 
facilitate the evaluation that the invention for 
which a patent has been requested IS a new invention 
and actually contains an inventive step. 
(2) The submission of the copies of the documents referred to 
In paragraph (1) 'may be supplemented with. a separate 
clarification by the ~atent applicarion. 
Article 32 
Further Provision 
further prOVIsIon pertaining to patent applications filed 
with priority rights. shall be regulated by the Go\"efIiment 
Regu I at ions. 
/Part Three ---IP 1Nl lIIDN/P/1 
Page 104 
Part Three 
Receipt of A Patent Application 
Article 33 
Fi 1 ing Date 
(1) A patent application is deemed to have been filed on the 
date of receipt of the patent a~plication by the Patent 
Office and the fee referred to in article ~5 has been 
paid. 
(2) The date of filing of a patent application shall be the 
date the Patent Office receIves a patent application 
which fulfills the requirements referred to in artitle 
30. and in the case of a patent appl icat ion claiming 
priority right the requirements stipulated in Articles 29 
and 31 have been fulfilled. 
(3) The date of filing of a patent application for a patent 
shall be recorded by the Patent Office. 
Article J4 
Completion of Requirements 
(1) If in fact the requirements referred to in article·JO are 
incomplete the Patent Office shall request that the 
correction of such deficiencies should be made within ... .) 
(three) months as of the date of deli\-ery of a notifica­
tion therefor by the Patent Office. IP/NI 1 IIDNIPI 1 
Page 105 
{2) Based on reasons acceptable to the Patent Office. the 
period referred to in paragraph (1) may be extended for a 
maximum of 3 (three) months upon the request of the 
patent application. 
Article 35 
Date of Receipt 
In the event of deficiencies as referred to in article 34. 
the filing date of the patent application shall be the date 
of receipt of the correction of such deficiencies at the 
Patent Office. 
Article 36 
Failure To Correct Deficiencies. 
In the event deficiencies are not corrected ~ithin the time 
frame provided in article 34. the Patent Office shall nocify 
the patent applicant in writing that such patent application 
is deemed to have been withdrawn. 
jArticie 37 ---IP/NIl/IDNIPIl 
Page 106 
Article 37 
Identical Inventions and the same Inventor. 
If during the initial examination there are two or more 
patent applications for the same invention and anyone of such 
application IS filed with priority rights by the same the 
patent applicant. the Patent Office is entitled to reject 
such application on the basis that only one application may 
be filed for one inventor. 
Article 38 
Identical Applications Filed By Different Persons 
(1) In the event one or more patent appl icat ions are fi led 
by different persons for the same invention, only the 
application which is earlier filed or filed first shall 
be accepted. 
(2) If the applications referred to In paragraph (1) are 
fi led on the same date. then the Patent Office sha 11 
request in writing to the persons filing such applica­
tions to discuss and" decide which of the applications 
shall be filed and inform the decision therefor to the 
Patent Office no later than 6 (six) months as from the 
date of delivery of such request. IP/N/l/IDNIPIl 
Page 107 
(3) If a decision"or agreement IS not reached among those 
filing such patent applications~ or it is not possible to 
hold negotiations or the result of such negotiations has 
not been notified to the Patent Office within the time 
frame stipulated In paragraph (2). then such patent 
applications shall be rejected and the Patent Office 
shall announce such matter in writing to the persons 
filing such patent applications. 
Part Four 
Amendment of a Patent Application 
Article 39 
Amendments 
( 1) A paten t app I i ca t ion may be amende"cl prol,· i ded t ha t s!.:c.:h 
amendment does not extend the scope of protection which 
has been filed In the original "application. 
(2) The amendments of an application referred to In paragraph 
(1) shall be deemed to have been filed on the same dare 
as the original application. 
/Article 40 ---IPINIlIIDNIPIl 
Page 108 
Article 40 
Procedure for Amendment 
(1) The amendments of an application as referred to 1n arti­
cle 39 may be filed separately in one or more applica­
tions. however. with the provision that the scope of 
protection requested in each application does not exceed 
the scope of protection filed in the orig~al applica­
t ion. 
(.2) In the event such amendment constitutes a separation of 
an application referred to in paragraph (1). such appli­
cation shall be deemed to have been filed on the same 
date as the filing date of the original arrlication. 
Part fi\'e 
Withdra~al of Patent Arplication 
Article 41 
Withdrawal of Application. 
(1) A patent application may be withdrawn by submitting a 
written request to the Patent Office. 
(2) further prOVISIons concernlng the withdrawal of a patent 
application shall be regulated by Government Regulations. Part Six 
Extension of Val idi ty Per1cxi 
Article 42 
Duration of Extension Term. IP/N/l/IDNIP/l 
Page 109 
Upon the request of the Patent Holder. lhe validity period of 
a patent may be extended once for a period of two years. 
Article 43 
Procedure For Ex tens j Clfl 
( 1) Any appl icat io!} for the extension or the val idi ty period 
of a patent as referre~ to in Article 4~ must fulfill (he 
following requirements: 
(a) the application must be SUbmitted In writing no 
earlier than 12 (twelve) months and ~r least 6 (s;x) 
(b) months before the expiration of the fla tent period; 
the Patent Holder sha 11 subm it conVInCIng evidence to 
the Patent Office that 
( i ) the earning gained from the use of the patent lS 
not sufficient to cover the C(")$ t of research Euld 
development activities whjch produced the 
invention for which such patent has been grantedi 
(iil the patent has been used COl\!.lnuouslv in Indone­
SIa and will continue to be used in order to meet 
the needs of Indonesia or for export pur}X}ses. IP/N/1/IDN/P/1 
Page 110 
(2) The decision of the approval or rejection of an applica­
tion for the extension of the validity period of a patent 
shall be notified in writing to the Patent Holder. 
(3) In th~ event such application is rejected, the reasons 
therefor shall be elucidated in the notification. 
Article 44 
Recordation of Decision. 
The decision of an approval or rejection of an application 
for extension of the validity period of a patent shall be 
recorded In the Patent Rolls and announced In the Patent 
Official Gazette. 
Part Seven 
Prohibition To File Patent Application and Obligation To 
Safeguard Secrecy 
Article 45 
Prohibition on Employees of Patent Office. 
'Nhile still bound 1n active serVIce and until 1 (one) year 
after retirement or after ceasing to work at the Patent 
Office for whatever reason, an employee of the Patent Office 
or any person who, due'to his assignment has been working for 
and on behalf of the 'Patent Office, shall not be permitted to 
file 8 patent application, to ,obtain a patent or in any 
other manner obtain a right or hold a right 1n relation to a 
patent. unless ovmership of a patent is due to inheri tance. Article 46 
Secrecy Until Announcement of Application IP/N/1/IDNIP/1 
Page 111 
As of the date of receipt of a patent application. all offi­
cials of the Patent Office shall be obliged to keep secret 
the invention and all documents of the patent application! 
until the date time the relevant patent is announced. 
QIAPTER IV 
EXAMINATION 
Part One 
Publication of Patent P'iJl)lications 
Article 47 
Announcement 
( 1) The Patent Office shall announce patent appl icat ions 
which have fulfilled the requirements of Articles 29, 30 
and 31 and applications which have not been withdrawn. 
( 2 ) The announcement sha 11 be made no later than 
(a) SIX IlKmths after the date of receipt of the patent 
application; 
(b) twelve months after .the date of filing of the patent 
application for the first tilI!c, 1n case of patent 
applicat ions wi th priority right. IP/N/lIIDNIPIl 
Page 112 
Article 48 
Publication of Annollcement. 
{I} An announcement shall prev~il for six months and shall be 
carried out by: 
(a) placing such announcement on announcement boards 
exclusively provided for such purpose and which may 
be easily and clearly seen by the public. and; 
(b) placing such announcement in the Patent Official 
Gazette periodically published by the Patent Office. 
(2) The commencement date of the announcement of a patent 
application shall be registered by the Patent Office in 
the register of announcements. 
Article 49 
Details of Publication 
An pub I i ca t ion' S ha 11 be made by con t a i n i ng 
(a) the full name and address of the inventor or the person 
entitled to the invention and the attorney 1n the case an 
applicatioh is filed through a patent consultant: 
(b) the patent application~ number; 
(c) the title of the invention~ 
(d) the fi 1 ing date"of the patent appl icat ion or in the case 
a patent appl icat ion is fi led wi th priori ty rights. the 
dRte, number and country in which a patent application 
has been filed for the first time~ 
(e) abstract. Article 50 
Public Inspect'ion of Patent Application. JP /N/l/IDN/P/l 
Page 113 
The Patent Office shall provide a specinl place for any 
concerned member of the public oto have the opportunilY to 
inspect documents of the relevant patent applications. 
Article 51 
Public Opinion on Patent Application. 
(1) Durin~ the period of announcement f any person o:dOter 
ha'ling Seen the announcement of a patent a-pplication\ may 
submi t a wr it tel'o opinion or object ions on the re Lvant 
patent application t06Qther with his reasons. 
( 2 ) 
( 3 ) In the event of any oplnlo" or objection as referred to 
In paragraph ( 1 ) , the Patent lJ{fice shall i mmed i ~, C 2 1 Y 
send a copy of the letter containing such o p 1 n 1 ()ii or 
objections to the patent application. 
The patent applicant shall be entitled to submit in 
writing any denial or explanatioh regarding such opinion 
or objections to the Patent Office. 
(4) The Patent Office shall use the opinion or objections, 
denials or explanation as referred to in paragrap}l (1) 
and paragraph (3) as additi6nal information for consid­
eration in the examination level of the relevant patent 
application. IP/N/lIIDNIPIl 
Page 114 
Article 52 
Prohibition of Publication 
(1) With the approval of the Minister. the Patent Office may 
decide not to publish a patent application if In its 
opinion such invention and its publication may disrupt or 
contravene defence and security interests of the State. 
(2) The decision not to publish a patent application as 
referred to in paragraph (1) shall be noti·fied in writing 
to the patent applicant by the Patent Office, with a 
copy to the inventor or the person entitled to th~ 
invention if such patent application IS filed by its 
patent consultant. 
(3) The provisions of Articles 48 and 49 shall not apply to 
any patent applications which are not published. 
(4) Consultations held by the Patent Office with other gov­
ernment agencies, including the gi\'ing of information 
concerning an invention for which a patent has been 
applied, in respect of which the ultimate decision is not 
to publish the patent application. shall not be deemed as 
a ·violation of the cbligation to safeguard the secrecy of 
the invention and the documents of the relevant patent 
application. IP /N/1/IDNIP/1 
Page 115 
(5) The provisions of paragraph (4) shall not diminish [he 
obligation of the relevant Government agencies and their 
aparatus t(r safeguard the secrecy of the invent ion and 
the documents of the patent appl icat ion which has l)een 
consulted. from any third parties. 
Article 53 
Examination of Un-announced !\pplications. 
( 1) Wi th respect to a patent appl icat ion which has not b,:·::en 
published, an examination as to whether or not a parr;nt 
may be granted shall be carried out if: 
(a) a period of 6 ·(six) months has elapsed from the d(~te 
of the decision' of the Patent Office not to publish 
nounce the relevant patent application: and 
(b) such patent application has not been withdra.wn. 
(2) The examination of patent application as referred to In 
paragraph (1) shall be conducted by the Go·Vernmcnt 
without impDsing any examination fee on the patent 
appl icant. 
Article 54 
further Provisions. 
further prOVISIons concerning announcement shall be regul~ted 
by the Minister. 
/Part Two ---IP/N/lIIDN/P/1 
Page 116 
Part Two 
Examinat ion 
Article 55 
Request For Examination. 
(1) A request for examination of a patent application shall 
be submitted in writing to the Patent Office along with 
the payment of a fee to be determined by the Minister. 
(2) The request as referred to in paragraph (1) shall be for 
a substantive examination. 
(3) The form and· requirements for the request for an examina­
tion shall be further regulated by the Minister. 
Article 56 
Time Frame For Examination Request. 
(1) The application for substantive examination must be 
submitted no later than 36 (thirty six) months from the 
date of receipt of a patent application, however, no 
earlier than the termination of announcement period as 
referred to in Article 48. 
(2) If a request for examin~tion has not been made afte~ the 
expiration of the time limit referred to in paragraph 
(I), or the fee therefor has not been paid, such patent 
application shall be deemed to have been withdrawn. IP/NIl/IDN/PI 1 
Page 117 
(3) The Patent Office shall notify the patent applicant In 
writing of the decision of withdrawal of such patent 
application~ with a copy to the inventor or the person 
entitled to the invention if the patent application IS 
filed by its patent consultant. 
Article 57 
Exemption For Un-announced Applications. 
Without prejudice to all preceding provisions on examination. 
the provisions of Article 51 shall not apply to patent appli­
cations which have not been published. 
Article 58 
Assistance of Experts. 
(1) For the purpose of conducting sut):..;tant ive examin~,,(ion\ 
Patent Office may request the assistance of an expert 
and/or ut i 1 ise the necessary faci 1 i ties of other Go··,rern­
ment agencies. 
(2) The use of the assistance of an expert and/or 
'as referred [0 in paragraph (1) sha.ll be made facilities 
wi th due 
observance to the 'provisions concerning the obligatjon to 
safeguard the secrecy of the invention for which a patent 
has been applied. 
/Article 59 ---IP/N/1/IDNIPIl 
Page 118 
Article 59 
Patent Examiner. 
(1) A substantive examination shall be conducted by a Patent 
Examiner from the Patent Office or any other Government 
agency qualified as a Patent Examiner. 
(2) A patent examiner is a functional official and appointed 
by the Minister on the basis of certain conditions. 
(3) A Patent Examiner shall be accorded a functional rank and 
allowance in addition to other rights in accordance with 
the prevailing rules and regulations. 
Article 60 
Examination Procedure. 
(1) In the event a Patent Examiner reports that an invent ion 
for which R patent has been applied In fact contains 
ambiguity or other deficiencies which are considered 
important. the Patent Office shall not i fy the resul ts of 
such examination in writing to the patent applicant. 
(2) The notification of the examination results must state 
clearly and in detail the matters considered as ambiguous 
or other deficiencies which are considered important, 
along ·with the reasons and references used In the 
examination, as well as an opinion and suggestions to 
.. 
the patent applicant including the possibility of any 
necessary changes and improvements to be made. and the 
time frame to complete the same. IP /NI lIIDN/P/1 
Page 119 
(3) If following the notification as referred'to in paragraph 
( 1) t.he patent appl icant does not provide any 
clarification or correct the deficiencies. including 
making any change or improvements 'on an application.wich 
has been fi led within the stipulatf!d time frame, the 
Patent Office may refuse such patent application. 
Part Three 
Approval or Refusal of Patent Applications 
Article 61 
Time Period To Conclude ~xamination. 
The Patent Ofl~~e shall be obliged to d~cide to approve ~ 
patent appl icat ion o.l1d thus grant a paleflt, or refuse lilt: 
same. no later than twenty four months as from .the date (.r 
receipt of an application for cubstantive examination. 
Article 62 
Refusal of Application. 
(i) If the result of the examination conducted by the Patell~ 
Examiner shows that the invent ion for which a patent 'l",,:,\~; 
been applied does not'fulfill the prOVISIons of Articl~ 
2, Article 3 and Ai'ti~le 5, the Patent Office shal \ 
refuse such patent appl icat ion and not i fy such mat ter 1[1 
writin~ to the patent applicant .. JP INIlIIDNIPIl 
Page 120 
(2) In the event the patent application is filed by a Patent 
Consultant. a copy of the notification as referred to In 
paragraph (1) shall be given to the inventor or the 
person entitled to such invention. 
(3) Any notification containing the refusal of a patent 
application must a clearly state the reasons and 
considerations constituting the basis of such refusal. 
Article 63 
Other Grounds For Refusal. 
In addition to the prOVISIons of Article 62. a patent appli­
cation must also be refused if the invention and its use 
contravene the rules and regulations. public order and 
mora 1 i ty. 
Article 6~ 
Grant of Patent. 
(1) If the report on the result of an examination of an 
invention for which patent has been applied and which has 
been conducted by a Patent Examiner concludes that such 
invention complies with Article 2. Article 3. Article 5 
and other provisions of this law, the Patent Office shall 
of[icial~y Issue a Patent Certificate for the relevant 
invent ion to the patent appl icant or in the event the 
patent appl icat ion is [i led by a Patent Consul tant., a copy 
of such IP INIlIIDNIPIl 
Page 121 
Patent Certificate shall be given to the inventor or such 
person entitled to such invention. 
(2) The patent which has been granted shall be recorded In 
the Patent Rolls and announced in the Patent Official 
Gazette. 
(J) The Patent Office may provide a copy of the patent docu­
ments to the members of the public requiring the same 
upon payment of the fee for such copy, the amount of 
which shall be determined by the Minister. 
Article 65 
Recordation of Refusal or Grant. 
(1) A Patent certificate constitutes evidence of the grant ing 
of a patent by the Patent Office and shall be recorded in 
the Patent Rolls. 
(2) A letter conta.ining refusal of a patent application ShEdl 
be recorded in the Patent Official Register which records 
the relevant patent application. 
(3) The granting of a Patent Certificate and refusal of a 
patent application shall be announced by the Patent 
Office ·in the same manner as the announcement of B patent 
appl ica'c ion. 
/Article 66 ---IP/N/l/IDNIPII 
Page 122 
Article 66 
Validity. 
A patent shall' effective as of the date it is, granted and 
shall be valid retroactively as of the date of receipt of the 
patent application. 
Article 67 
Further Provisions 
(1) Further provisions concernlng the granting of the Patent 
Certificate, its form and contents shall be regulated by 
Government Regulations. 
(2) Other provisions concernIng the ~ecordation and request 
for copies of the patent documents shall be regulated by 
the Minister. 
Part Four 
Appeal 
Article 68 
Appeal: Patent Appeal Commission. 
(1) An appeal may be filed against the refusal of a patent 
application in respect of reasons and basic considera­
tions pertaining to substantive matters as referred to in 
Article 62 paragraph (1)~ IP/N/1IIDNIPIl 
Page 123 
(2)'A request for appeal shall be fUed in writing by the 
patent applicant or patent consultant, to the Patent 
Appeal Commission, with a copy to the Patent Office. 
(3) The Patent Appeal Commission is a special body presided 
over permanently by a. chairman serving concurrently as a 
member of the Commission and organized within the sphere 
of a department headed by a Minister. 
(4) The number of the members of the Patent Appeal Commission 
shall be odd and at least three persons and shall consist 
of several experts In the necessary field and a seIl!or 
Patent Examiner who has not conducted substantive 
examination on the relevant patent appli(ation. 
(5) The chairm~T) and members of the Patent Appeal Commissi.on 
shall be app()inl~d and dismissed by the !Ilinister. 
ArtIcle 69 
Contents of Ap~al. 
(llA request for appeal shall be filed with a detailed 
description of the objections against .the refusal of the 
patent application and the reasons therefor. 
( 2) The reasons as re f erred to in paragraph (1) mus t l \ot 
constitut.e new reasons. explanations or evidence, i!Or 
improvement or completion of the patent application wh·i.ch 
has been refused. 
/Article 70 IP/N/1/IDN/P/1 
Page 124 
Article 70 
Time Frame For Appeal. 
(1) A request for appeal must be filed no later than 3 
(three) months as of the date of notification of, refusal 
of the patent application. 
(2) If the time frame of such appeal request has elapsed 
wi thout any request for appeal. then the refusal of the 
palent application shall be deemed to have been accepted 
by the patent applicant. 
(3) In the event the refusal of patent application is 
to have been accepted as referred to in paragraph 
the Patent Office shall record the same 1n the 
Official Register. 
Article 71 
Decis'ion of Appeal. deemed 
( 2 ) . 
Patent 
(1) The decision of the Patent Appeal Commission on a request 
for appeal shall be made no later than twelve months as 
of the date of receipt of such appeal request. 
(2) The decision of the Patent Appeal Commission shall be 
final. 
(3) In the 
request event the Patent Appeal Commission accepts 
for appeal. the Patent Office 'shall grant 
Patent Certificate as regulated under this law. a 
a IP/N/lIIDN/P/l 
Page 125 
(4) Should the Patent Appeal Commission refuse a request for 
appeal, the P~tent .Office shall immediately announce such 
refusal. 
Article.72 
Further Provisions. 
The organizational structure, work procedures of the Patent 
Appeal Commission, procedures for application and examination 
of appeal and its settlement shall be further regulated by 
Government Regulations. 
CHAPTER. V 
TRANSFER OF A PATENT 
Part One 
Transfer of Patent Ownership 
Article 73' 
Transfer of Patent ~TIership. 
( 1) A patent or the ovmership of a patent may be t rans [erred 
in whole or in part due to : 
(a) inher i tance. 
(b) 1 egacy. 
(c) will. 
(d) agreement, provided that such agreement has been 
drawn up in the form of a Notarial Deed. 
(e) other reasons justified by law. IP/N/1/IDN/P/1 
Page 126 
(2) The transfer of a patent as referred to in 
letters a, b. and c shall be accompanied paragraph 1 
with patent 
documents and other rights pertaining to such patent. 
(3) All forms of patent transfer as referred to In paragraph 
(1) must be registered at the Patent Office and recorded 
in the Patent Rolls and a fee therefor shall be paid, the 
an~unt of which shall be determined by the Minister. 
(4) A transfer which is not made i~ accordance with the 
provisions of this article shall not be valid and effec-
t i ve. 
(5) The conditions and procedures for the registration and 
recordation of a patent transfer shall be further regu­
lated by the Minister. 
Article 74 
Transfer of Right as First Inventor. 
(1) Except In the event of inheritance and assignment or 
transfer made together with a part or all of its busi­
ness. the right as first inventor shall not be assigned 
or transferred to any other person. 
(2) The assignment or transfer of the right as first inventor 
must be registered with the Patent Office which shall 
further record the same in the Patent Rolls. 
(3) The Patent Office shall announce the assignment or trans­
fer of right as referred to in paragraph (2) In the 
Patent Official Gazette. Article 75 
Identity of Inventor Due To Transfer. IP INIlIIDNIPIl 
Page 127 
The transfer of the ownership of a patent, shall nO,t ob 1 i ter­
ate the right of the inventor to have his name and any other 
identity included in the relevant patent. 
Part TWo 
Licence 
Article 76 
Right of Patent Holder. 
(1) The Patent Holder shall be entitled to give a licenct: to 
another per son pursuant to a 1 icence agreement for the 
performance of the acts referred to in Arc icle 1'7. 
( 2 ) Unless otherwisi agreed ~ the scope of the licence re-
ferred to In paragraph (l) sha 11 cover a 11 acts as 
referred to In Article 17. which sha 11 be effect ive 
during the term of the licence. and shEd 1 be val id for 
the whole territory of the Republic of Indonesia. 
/Article 77 IPINll IIDNIPI 1 
Page 128 
Article 77 
Performance of Acts 
Unless otherwise agreed, a Patent Holder may continue to 
perform by himself or give a licence to any other third 
parties to perform the acts referred to in Article 17. 
Article 73 
Prohibited Provisions in Licence Agreements. 
(1) A licence agreement shall not contain provisions which 
may directly or indirectly be detrimental to the economy 
of Indonesia. or contain restriction which hamper the 
capabilities of the Indonesian people to master and 
de\-e lop technology In general and wi t h respect to 
inventions for which patent has been granted, In 
particular. 
(2) The registration and request for the recordation of any 
licence agreement which contains provisions as referred 
to in paragraph (1) must be refused by the Patent Office. 
Article '79 
Registration of Licence Agreement. 
(1) A licence agreement snaIl be registered with the Patent 
Office and recorded in the Patent Rolls and a fee must be 
paid. which amount shall be determined by the ~iinister. IPINIlIIDN/P/1 
Page 129 
(2) The conditions and procedure for the registration and 
recordation of a licence agreement shall be further 
regulated by Government Regulations. 
Article 80 
Further Provisions 
further provisions concerning licence agreements shall be 
further regulated by Government ReguLn ions. 
Part Three 
Compulsory Licence 
Article SI 
Definition 
A Compulsory Licence is a I icence to implement a patent "\'i::ch 
has been granted by the District Court after having heard i',he 
relevant Patent Holder. 
Article 82 
Application for Compulsory Licence 
(1) Ar)Y person may, after the expiration of thirty SIX months 
as from the date a patent has been granted. ,submit an 
application for a Compul~ory Licence with the District 
Court to impl,ement the relevant patenL. IPINIlIIDNIPIl 
Page 130 
(2) The application for a Compulsory "Licence as referred to 
In paragraph (1) may only be submitted on the grounds 
that the relevant patent is not implemented In Indonesia 
by the Patent Holder in spite of the opportunity to 
implement such patent commercially. 
(3) With due observance the capabilities and development of 
circumstances. the Government may stipulate that during 
the initial implementation stage of this law, any appli­
cation for Compulsory Licence shall be submitted to a 
certain District Court. 
Article 83 
Ap~roval of Compulsory Licence 
(1) In addition to the truth of the reason referred to In 
Article 82 paragraph (2), a Compulsory Licence may only 
be given if: 
(a) the person submitting such application may show 
convincing evidence that he: 
(i) has the capability to fully implement the patent 
himself: 
(ii) has his own facilities for the immediate imple-
mentation of the patent. 
(b) the District Court opines that such patent may be 
implemented in Indo~esia on a feasible economic scale and 
may b~nefit a majority of the society. IP/NIl/IDNIPIl 
Page 131 
(2) The examination on the application for Compulsory Licence 
shall be conducted by the District Court in a court 
session by hearing the opinion of experts from the Patent 
Office and the Patent Holder concerned. 
(3) A Compulsory Licence shall be given for a period wf'lch 
does not exceed the period for the implementation of a 
patent and shall be further regulated by Governil\'2nt 
Regulations. 
Article 34 
Deferment or Refusal of Application. 
If based on the evidence and opinion referred to In article 
SJ. the District Court is convinced thflt the time fr[\me 
referred to in Article 82 is not sufficient [or the Pat::!nt 
Holder to impleme.nt such patent commercially 1n Inc1oneslCl, 
the District Court may decide to either adjc)1 .•. n the COl.~d 
session or dismiss the application· for C~)nlpulsory Licence. 
Article SS 
Royalty Payments. 
(1) The implementation of a Compulsory Licence shall include 
payment of royalty by the Compulsory Lic6nce Holder to 
the Patent Holder. IP/N/1/IDN/P/1 
Page 132 
( 2 ) The amount of royalty which must be paid and the 
of payment sha 11 be determined by the District 
( J ) giving the Compulsory Licence. 
The determination of the amount of royalty shall 
by taking into account the normal procedure 
licence agreements or other similar agreements. 
Article 86 
Judgement of District Court. In be method 
Court 
made 
patent 
The judgement of the District Court with respect to the 
issuanc~ of a Compulsory Licence shall contain the following: 
(a) the reasons for issuance of the Compulsory Licence: 
(b) evidence including a convlnclng statement or explanation 
to be used as the basis for the issuance of the Compul­
sory Licence: 
(c) the validity period of the Compulsory Licence; 
(et) the amount of royalty which must be paid by the Compulso­
ry Licence Holder to the Patent Holder and the method of 
payment therefor: 
(e) conditions for the termination of a Compulsory Licence 
and 1118. t t e'r wh i ch may cance 1 t he same: 
(f) other matters necessary to protect the interest of the 
relevant parties in a fair manner. Article 87 
Registration of Compulsory Licence. IP/N/1/IDNIP/1 
Page 133 
(1) A Compulsory Licence Holder shall be obligated to regls­
t e r the Compu 1 sory Li cence wh i ch he has rece i ved (0; t the 
Patent Office and recorded in the Patent Rolls. 
(2) A Compulsory Licence which has been registered shall be 
immediately announced by the Patent Office in the Patent 
Official Gazette. 
(3) Registration of a Compulsory 'Licence shall be subject to 
a fee, the amount of which shall be determined by the 
Minister. 
(4) A Compulsory Licence shall be eff~ctive after the Jegls­
tration and payment of fees as referred to in par~~raph 
( 3 ) . 
(5) The implementation of a Compulsory Licence shai: be 
de.emed as the implementation of a patent. 
Article 88 
Other Reasons For Compulsory Licence 
(l) A Compulsory Licence may at any time be applied by the 
P~tent Holder on the ground that [he implementation of 
his patent cannot be carried out without infringing 
another existing patent. IP/N/1/IDNlPll 
Page 134 
(2) The application for ·a Compulsory Licence as referred to 
In paragraph (1) may only be considered if the patent to 
be implemented actually contains an element of techno­
logical reform which in fact is more advanced than tne 
existing patent. 
(3) Provisions pertaining to the filing of an application to 
the District Court. the royalty payments, court judge­
ment. registration and recordation. as well as the time 
frame or revocation of a Compulsory Licence as stipulated 
In Part Three of this Chapter shall also also prevail 
with respect to an application for Compulsory Licence as 
referred to in paragraphs (1) and (2), except provisions 
concerning the time frame for filing an application as 
provided in Article 82 paragraph (1). 
Art icle 89 
Revocation of Compulsory Licence. 
(1) Uf~n the request of the Patent Holder. the District Court 
may revoke a Compulsory Licence which has been granted 
if: 
(a) the underlying reasons for the granting of a Compul­
sory Licence no longer exist; 
(b) the holder of a Compulsory Licence In fact has not 
itnplemented such Compulsory Licence or has not made 
any appropriate preparation for its immediate 
implementation; ( 2 ) ( c) the holder of a Compulsory Licence no 
wi th other· terms and conditions 
obl igat ion to pay royalties which has 
in the grant ing of the Compulsory 
In the event the District Court decides IPINIlIIDNIPIl 
Page 135 
longer complies 
including the 
been determined 
Licence. 
to revoke a 
Compulsory Licence, then no later than 14 (fourteen) days 
as of the date of the judgement of ·the District Court a 
copy of such judgement must be delivered to the Patunt 
Office for recordation In the Patent Ro 11 s and 
announcement in the Patent Official Gazette. 
(3) The Patent Office shall be :obligated to notify the 
recordation and announcement of the judgement of the 
District Court as referred to in paragraph (2) to the 
Patent Holder, the holder of the Compulsory Licence which 
has been revoked and the District Court adjudging s~2h 
revocation no later than 14 (fourteen) days following !ohe 
receipt of such judgement ofOthe Di0crict Court. 
Article 90 
Expiration of Compulsory Licence. 
(I) A Compulsory Licence shall expire at the end of the 
period specified in its issuance. Of in the event i~he 
same is revoked or the Holder of the Compulsory 
Licence returns the same to the Patent Office before the 
expiry of such time frame. IP/NIl/IDNIPIl 
Page 136 
(2) The Patent Office shall record a Compulsory Licence which 
has expired in the Patent Rolls. announce the same in the 
Patent Official Gazette and notify in writing the Patent 
Holder" and the District Court which granted such 
Compulsory Licence. 
Article 91 
Restoration of Rights of Patent Holder 
The revocation or expiration of a Compulsory Licence as 
referred to in Article 89 and Article 90 shall restore the 
rights of the Patent Holder on the relevant Patent with 
effect from the date of recordation in the Patent Rolls. 
Article 92 
Assignment of Compulsory Licence. 
(I) A Compulsory Licence" shall not be assigned except due to 
inheritance. 
(2) A Compulsory Licence which has been assigned 
inheritance shall remaln bound by the terms due to 
of its 
lssuance and other provisions particularly with regard to 
the time frame, and must be notified to the Patent Office 
for recordation in the Patent Rolls. 
/Article 93 ---Article 93 
Further ProvIsions IP/N/1/IDNIPIl 
Page 137 
Futther prbvisions regarding Compulsory Licence shall be 
regulated by Government Regulation. 
ClIAPfER VI 
CANCELLA T I ON OF A PATEl'·rr 
Part One 
Patent Cancelled By Law 
Article 94 
Ba.s i s for Can c ell a t ion 
(1) A Patent may be declared as cancelled by law by the 
Patent Office in the event : 
(a) the patent is not implemented within forty eight 
months as of the date of grant ing of such patent. 
(b) failure to pay annual fees within ·the time frame as 
stipulated under this law. 
(2) Patents. as referred to in Article 105 paragraph (2) are 
exempted from the provisions of paragraph II}. 
jAr tic I e 95 ----IP/N/IIIDN/P/1 
Page 138 
Article 95 
Notification of Cancellation 
(1) The cancellation of a patent by law shall be notified 1n 
writing by the Patent Office to the Patent Holder and 
relevant Patent Licence Holder and shall be effective as 
of the date of the notification. 
(2) The cancellation of a patent due to reasons as referred 
to In Article 94 paragraph (1) shall be recorded in the 
Patent Rolls and announced in the Patent Official Ga-
zette. 
Part Two 
Cancellation Upon Request of Patent Holder 
Article 96 
Request for Cancellation 
(1) A patent may be cancelled completely or partially by the 
Patent Office upon the written request of the Patent 
Holder to the Patent Office. 
(~) The cancellation of a patent as referred to in paragraph 
(1) cannot be effected , if the person registered in the 
Patent Rolls as holder of the licence to implement the 
relevant patent has not provided a written appro\·al 
attached to such application for the cancellation. IP/N/1/IDN/P/l 
Page 139 
(J) 'The decision for the cancellation of a patent shall be 
notified in writing by the Patent Office to the Patent 
Holder and to any person recorded in the Patent" Rolls as 
'Holder of the relevant Patent Licence. 
(4) The decision of a cancellation of a patent due to reasons 
as referred to in paragraph (I) shall ,be recorded 1n the 
Patent Rolls and announced 1n the Patent Official 
Gazette. 
(5) The cancellation of a patent shall be effective as of the 
date of th8 decision of the Patent Office concerning such 
cancellation. 
Part Three 
Patent Cancellation Due To Lawsuit 
Article 97 
Basis for CancellRtion 
(1) A lawsuit for the cancellation of a patent may be made In 
the event 
(a) pursuant to the provisions of Al'ticle 2 and 7. 5~ch 
patent should not have been grant.~d~ 
(b) the patent is similar with other patents which (i3.5 
been granted to other persons pursuant to this la';,'. 
(2) A lawsuit for cancellation due to re0~ons as referred (0 
In paragraph (1) letter 81 shall bl~ fi led by a third 
party against the Patent Holder to t:1e District Court of 
Central Jakarta. IPINllfIDNlP1l 
Page 140 
(3) A lawsuit for cancellation due to reasons as referred tL 
In paragraph (.1) letter b shall be fi led by the Patent 
Holder or Licence Holder to the District Court of Central 
Jakarta so that other patents which are si~ilar to its 
patents shall be cancelled. 
Article 98 
Partial Cancellation 
If a lawsuit for the cancellation of a patent as referred to 
1n Article 97 only concern one or several claims, or a part 
of the claim only, then cancellation shall be granted for 
Il~tters for which cancellation has been claimed. 
Article 99 
Notification of Cancellation 
(1) A copy of the lawsuit and judgement of the District Court 
of Central Jakarta concerning the cancellation of a 
patent shall be delivered immediately by the Registrar of 
the District Court of Central Jakarta to the Patent 
Office. 
(2) The Patent Office shall record the lawsuit and judgement 
concerning patent cancellation in the Patent Rolls and 
announced in the Patent Official Gazette. Part Four 
Effect of Patent Cancellation 
Article 100 
Effect of cancellation IP/N/lIIDN/P/1 
Page 141 
The cancellation ot a patent shall nullify all legal conse­
quences related with the patent and all otller rights Ort,~.Sl­
nating from such patent. 
Article 101 
o'ate of Effect of Cancellation 
Unless otherwise determined by a judgement of the Distri::.:t 
Court of Central Jakarta, the cancellhlion of a patent in 
full or partially shall be effective as of the date of judge­
ment of such cancellation. 
Article 102 
Licence of Cancelled Pat~nt 
(1) Th~ Licence Holder of a patent which has been cancelled 
by law shall remain entitled to impLement his licence 
until the expiration of the time frame stipulated In the 
licence agreement. 
(2) The Licence Holder as referred to in paragraph (1) sh~ll 
not be required to continue paying royalties which he 
would otherviise be required to pay. 
/ (3) In ---IP/N/lIIDNIPII 
Page 142 
(3) In the event the Patent Holder has received in advance 
royalty In one lump sum from the Licence Holder. such 
Patent Holder shall not be obliged to refund an amount of 
the royalty in proportion to the remaining period of the 
utilization of the licence. 
Article 103 
Licences In Good Faith Remain Valid. 
(1) Tile licence of a patent which has been declared as can­
celled due to reasons as referred to In Article 97 
paragraph (1) letter b which has been obtained in good 
faith prior to the lawsuit for the cancellation of the 
relevant patent. shall remain valid with respect to other 
patents. 
(2) The licence as referred to in paragraph (I) shall remain 
valid on the condition that such Licence Holder shal I be 
further required to pay royalty to the Patent Holder of 
the patent which has not been ,cance lied. In the same 
amount as previously agreed with the Patent Holder of the 
cancelled patent. ClIAPTER VI I IPINIlIIDNIPIl 
Page 143 
IMPLFMENTATION OF PATENT BY THE GOVERNMENT 
Article 104 
Decision of Government to Implement a Patent. 
(1) Should the Government opine that a patent in Indonesia is 
very important for the defence and security of the State. 
the Government may implement the relevant patent itself. 
(2) The decision to implement a patent itself shal,l be stipu­
lated by El Presidental Decision after hearing the cor:s.~d­
era t ion 0 f the:.1 i n i s t era n d the :. i 1 n i s t' e r i n -c h a r g e 0 f 
State defence and security. 
Ar tic 1 e 10.5 
Government Implementation of Cn8nnouncccl Patent. 
(I) The_ provisions of Article 104 shall also apply to an 
invention for 'which patent has beeii requested. how::;lfer. 
has not been announced as stipulate(1 in Article 52. 
(2) In the event the Government does not or does not yet 
intend to implement a patent itself as referred to, In 
paragraph (1). the implementation of-'a' similar patent 
shall only be carried out with the approval of the 
Governmen t . 
(3) The Patent Holder, as referred to i:1 paragraph (2) shall 
be exempted from the obligation to pay annual fees until 
such patent has been implemented. 
/Article 106 -_.-IP/N/l/IDNIP11 
Page 144 
Ar tic 1 e 106 
~otification To Patent Holder And Compensation. 
(1) In the event the Government intends to implement a patent 
itself for the defence and security of the State. the 
Government shall inform such matter to the Patent Holder 
in writing by stating: 
(a) the relevant patent and its title and number; 
(b) the reasons; 
(c) the period of implementation: 
(d) other matters considered important. 
(2) Tile Government shall pay a reasonable amount of compensa­
tion to the Patent Holder for the implementation of the 
patent. 
Article 10: 
Objection. 
(1) The decision of Government to implement a patent itself 
s ha I 1 be f i na 1 . 
(~) In the event the Patent Holder does not agree with the 
amount of compensation as determined by the Government. 
an objection to that effect may be filed (0 the District 
of Court of Central Jakarta. 
(J) The objection as referred to In paragraph (2) shall be 
filed ~s a civil claim. IPINIl/IDNIPIl 
Page 145 
(4) The examinatiofl'process of the claim as referred to in 
paragrapn (3) shall not stop the implementation of the 
patent by the Government. 
A;rticle 108 
Further Provisions 
Further implementation of the provisions contained In ttlis 
Chapter shall be·regulated by Government Regulations. 
CHAPfER VI I I 
SIMPLE PATENTS 
Article 109 
Provisions 
Except for matters which have been specially regulated !"!Jf 
simple patents. all other provisions regarding patents (is 
regulated under this law shall apply to Simple Patents. 
Article 110 
Procedure for Grant 
(1) A Simple Patent shall only be granted for one claim. 
(2) A substantive examination shall be conducted immediatel~r 
with respect to an applicatIon for a simple patent. 
/Article 111 IP /NI lIIDNlP1l 
Page 146 
Article 111 
Grant or Refusal. 
(1) A Simple.Patent Certificate shall be issued by the Patent 
Office' for a Simple Patent. 
(2) A Simple Patent which has been granted by the Patent 
Office as referred to in paragraph (1) shall be recorded 
in the Simple Patent Rolls. 
(3) The refusal of an application for a Simple Patent may not 
be appealed to the Patent Appeal Commission. 
Art icle 112 
No Extension and Compulsory Licence 
(1) The period of a Simple Patent as referred to In Article 
10 may not be extended. 
(2) An application for a Compulsory Licence may not be made 
10 respect of Simple Patent and no annual fees shall be 
im[X)sed. 
Article 113 
Further Provisions 
Further provisions concernIng Simple Patents shall be regu­
lated by the Minister. CHAPfER IX 
FEE S 
Art ic le 114 
General IP /N1l/IDNIPIl 
Page 147 
(1) A fee. the amount of which shall be determined by the 
Minister must be paid for the filing of each patent 
application, application for·examination. extension of 
the time frame of a patent. Certificate of first U~er. 
excerpt from the Patent Rolls and coples of Patent 
Certificate. copies of patent documents. recordation of . . 
patent transfer, registration of Licence Agreements. 
registration of Compulsory Licence and other matc.ers 
stipulated under this law. 
(~) Further provisions regarding the terms. rlme frame and 
procedure for payment of such fees ~)1!(lll be regulated by 
the t-.ii n is t er. 
Art i c 1 e 115 
.'\.onua 1 Fees. 
The first payment of the annual. fees mu::;c be made no lc:l.er 
than one year from the date Cl. paterit is ;ranted or regist:a­
tion of a licence and for each subseqc.cnc year during ':.he 
term of the patent or licence. payment sh~ll be made no l~l~er 
than the same date as the. granting the p~tent or registratton 
of the licence concerned. 
/ Ar tic 1 e '1 16 IPINIlIIDNIPIl 
Page 148 
"Article 116 
Expiration Due to Non-Payment 
(1) If for three consecutive years the Patent Holder fails to 
pay annual fees as stipulated in Article 19 and Article 
115. the patent shall be deemed to have expired as from 
the date constituting the time" limit for payment of the 
third year. 
(2) If the non-payment of such annual fees is relat,ed with 
the obligation to pay annual fees for the twelfth year 
and thereafter, the patent shed I be deemed to have 
expired on the last date for payment of the annual fee 
for the relevant year. (3) The expiry of the time frame 
of a patent due to reasons as referred to in paragraph 
(1) shall be recorded in the Patent Rolls and announced 
in the Patent Official Gazette. 
Article 117 
Late Payment of Fees. 
(I) Except In circumstances referred to in Article 116 para­
graph (3) delayed payment of annual fees made after the 
time limit as stipulated in Article 115 shall be subject 
tl) an additional fee of twenty five percent per annum. 
(2) The delayed payment of annual fees as referred to In 
paragraph (1) shall be notified in writing within seven 
days after the stipulated time limit by the Patent Office 
to the relevant Patent Holder. IPINIl/IDNIPIl 
Page 149 
(3) Non-receipt of the notification as referred to In para­
graph (2) by the relevant party shall not detrack the 
validity of the provisions of paragraph (1). 
ClIAPfER X 
PATENT ADMINISTRATICN 
Article 118 
Administration. 
(1) The administration of patents as regulated under this law 
shall be performed by the Patent Office. 
(2) The administration as referred to in paragraph (1) shall 
be carried out with due observance to the authority of 
other government agencies as regulated under this law. 
Article 119 
Patent Information. 
The Patent Office shall maintain a paU:nt documentation and 
information service with the formation -of -a national patent 
documentation system and information network capable of 
furnishing information regarding patentE'.d technology to the 
public. on the widest :fX)ssible scale. 
/Article 120 ---IP/NIl/IDNIPIl 
Page 150 
Article 120 
Ministerial Guidance. 
In the administration of patents, the Patent Office shall be 
guided by and responsible to the Minister. 
CHAPTER XI 
RIGtIT TO CLAIM 
Article 121 
Claim for Ownership. 
(1) If a patent IS granted to a person other than the party 
who by virtue of Articles 11. 12 and 13 is entitled to 
such patent, then the party ent it le,d to such patent may 
file a claim at the District Court of Centr81 Jakarta so 
that the relevant patent including the rights thereto 
shall be given to him in full or in part or In joint 
ownership. 
(2) A copy of the judgement of the claim as referred to In 
paragraph (1) shall be promptly delivered by the Regis-
trar of the District Court of Central Jakarta to the 
Patent Office for further recordation in the Patent Rolls 
and announcement in the Patent Official Gazette. 
/Article 122 --Article 122 
Indemnification for Infringement IPINIlIIDNIPIl 
Page 151 
(1) The Patent Holder or Licence Holder shall be entit.led to 
cl ai m indemn if i ca t ion t'hrough the local Di st r ict Court 
against any person who has deliberately and without a 
right, committed any act referred to In Article. 17 
againts his ri~hts. 
(2).A claim for indemnification against any (tct referred to 
In .'\Icicle 9'7 paragraph (1) letter b shall be received if 
it IS proven that the resu 1 t of such product has been 
made by using the invention for which patent has been 
granted. 
(J) The judgement of the District Court on a claim as r~­
ferred to in paragraph (1) shall be:: promptly deliver:.·:.l 
by the Registrar of the relevant District Court '.') 
the Patent Office for further recordation in the Pate! 
Rolls and announcement in the Patent Official Gazette. 
Article 123 
Injunction 
(1) In order to prevent greater losses of the party whose 
rights have been infringed. therefore, at any time durll:g 
examination by the Distric.t Court the Judge may order lhe 
patent infringer to cease all acts as referred to in 
Ar tic 1 e 17. IP/N/1/IDNIPIl 
Page 152 
(2) If a 
of demand IS 
the patent made for the delivery of the 
infringement or the value products 
of such 
products, the Judge may order that such delivery may only 
be made after the court judgement has obtained permanent 
legal force. and after indemnification has been paid by 
claimant to the owner of the products who has good fai th. 
Article 124 
Criminal Proc~eding. 
The right to file a claim. as regulated in this Chapter shall 
not detract the right of the State to institute criminal 
proceedings against a patent infringement. 
Article 12.5 
:\ppea Is. 
(1) An appeal against the judgement of the District Court 
may be filed to the High Court and a cassatlon of the 
Supreme Court, 
(.?) Any appeal or cassation judgement as referred to 1n 
paragraph (1) shall be promptly delivered by the Regis­
trar of the District Court to the Patent Office for 
recordation in the Patent Rolls and announcement in the 
Patent Official Gazette. OIAPTER XII 
CRIMINAL PROVISr~iS 
Article 126 IP/NIl/IDNIPIl 
Page 153 
Criminal Sentence for Patent Infringement 
Any person hnving deliberately and without right infringed 
the rights of a Patent Holder by committing any acts referred 
to In Article 17 shall be sentenced [0 impris~nment for a 
maxImum period of seven years and a maxiiiium fine of Rp. 
100.000,000.00 (one hundred million Rupiah). 
Ar tic 1 e 12":' 
Criminal Sentence for Simple Patent Infringement. 
Any person havirlg deliberately and with'out a right 1· '1f r i ' . .-.,pd 1 • ~.~ ...... 
the rig h t S 0 f Cl S imp 1 e Pat en t Hold e r bye 0 mm i t tin g, any Cl d; s 
as ,referred to in Article 17 shall be sentenced LO 
imprisonment for (\. maximum period of fi'.-e years and a maX~I~!,-im 
fine of Rp. 50.000.000.00 (fifty million Rupiah). 
Article 123 
Criminal Sentence for Diiclosure of Secrecy. 
Any person having deliberately failed to fulfill the obliga­
tions referred to in Article 27 paragraph (3), Article 46 and 
Article 52 shall be sentenced to imprisonment for a maXImum 
period of five years. 
/Article 129 ---IP/N/1IIDNIP/l 
Page 154 
Article 129 
Crimes. 
Criminal acts as referred to In this Chapter shall mean 
crImes. 
CHAPTER XI I I 
INVESTIGATION 
Art i e I e 130 
Investigations. 
(1) In addi t ion to Pol ice in\Test igators of the Republ ie of 
Indonesia, certain civil servants working in a government 
department of which the scope of duties and the respon­
sibilities include the development of patents, shall be 
vested with special authority as investigators as 
referred to In Law Ko. 8 of 1981 regarding Criminal 
Procedural Law to carry out investigation of criminal 
acts in the field of patents. 
(2) An investigator referred to In paragraph (1) shall be 
authorized to: 
(a) examine the truth of a report or information concern­
ing a criminal act in the field of patents: 
(b) examIne any person suspected of committing a criminal 
act in the field of patents: IP/N/lIIDNIPIl 
Page 155 
(c) request information and evidence frorn a person or 
entity with respect to an incident of criminal act in 
the field of patents: 
(d) examine books. records and other documents related 
with any criminal act in the field of patents; 
le) examine certain locations suspected of having eVl­
dence of books. records, and other documents alld 
confiscate material and products of infringellle:1t 
which may be used as evidence in the criminal case in 
the field of patents: 
(f) request the assistance of experts In the course of 
investigation of criminal acts 1n the field uf 
patents. 
(J}An investigator asreferredtolnp<Hagraph (1) sha;[ 
give notice of the commencement of (li\ investigation <U,j 
shall report the result of his investigation to tlj'; 
Public Prosecutor in accordance with the prOV1Slon (;:' 
Article 107 of Law ~o. S of 1981 c'.Jncerning Crimind 
Procedural Law. 
/Q-IAPTER XIV --,-IPINllfIDNlP1l 
Page 156 
QIAPfER XIV 
TRANSITIONAL PROVISIONS 
Article 131 
Trans it iona I . 
(1) Within 1 (one) year as of the effective date of this law. 
any person having filed a patent registration application 
pursuant to Government Announcement of 1953 within ten 
years.preceding the effective date of this law. may file 
a patent application based on the provisions of this law. 
(2) If a patent application ~hich has been registered and 
[ulfills the provisions referred to in paragraph (1) is 
not renewed within one year as of the effective date of 
this law, such patent application registration shall be 
deemed as expired. 
(3) The registration of a patent application based on the 
Announcement referred to in paragraph (1) which has been 
filed for more than ten years prior to the effective date 
of this law shall be declared as null and void. 
(4) The provisions of this Law shall prevail with respect to 
p8tent applications as referred to in paragraph (1) and 
in the event a patent is granted. the \Talidity period 
thereof shall be calculated from the date of receipt of 
the patent application pursuant to such Arinouncement. 0iAPI'ER XV 
OTHER PROVISIONS 
Article 132 
Function IP INIlIIDNIPIl 
Page 157 
The organization of a body the function of which shall be to 
provide considerations regarding strategic policies in patent 
affa"irs shall be carried out by the Government in accordance 
with the needs and development. 
CHAPrER XVI 
CLOSING PROVISIONS 
Art ic le 133 
Repea 1 
All existing regulations concerning paten~s shall be decJan:~d 
null and void as of the date of en~ctment of this Law. 
/Article 134 ---IP /NI lIIDNIP /1 
Page 158 
Article 134 
Effective Date. 
This law ~hall be effective as of August I" 1991. 
In order for every person to be knowledgeable of this law. it 
is hereby ordered that the enactment of this law shall be set 
out in the State Gazette of the Republic of Indonesia. 
Ratified In Jakarta 
Da t e l\ovembe r 1. 1939 
PRESIDENT OF TIIE REPUBLIC OF INDJNESIA 
Enacted In 
Date Jakarta 
On November 1. 1989 
MINI STER/STATE SECRETARY OF THE 
REPUBLIC OF INDONESIA 
(signed) 
M 0 E R D ION 0 (signed) 
SOEHA.RTO 
STATE GAZEITE OF THE REPUBLIC OF H,j"OOi'rESIA. \'"£AR 1989 ~"L~ffiER 39 IP INI1IIDNIP 11 
Page 159 
GOVERNMENT REGULAT I ON OF THE REPUBLl C OF I NIX>NES I A 
NO: 32 YEAR 1991 
CONCERNING 
IMPORT OF RAW MATERIALS OR CERTAIN PATENTED PRODUCTS 
FOR THE DOMESTIC PRODUCTION OF DRUGS 
THE PRESIDENT OF THE REPUBLIC OF INOONESIA 
Considering: 
(a) that the implementation of development in the field of 
economy particulary in the industrial sector has produced 
results with substantial effect in the fulfillment of 
market demands specifically in the domestical market 
and In prm-iding extensive employment op[Xlrtuni ties for 
the society: 
(b) that \vith due observance to the aforesaid 'development. it 
1S necessary to ensure the continuity and growth of 
business. particularly in national pharmaceutical indus­
try which still remains dependent on the impOrt of mate­
rials or certain products as raw materials for the conti­
nuity of its production: 
(c) that In connection with the abovementioned matters and 
pursuant ·to the provisions of Art icle 21 of Law :';umber 6 
Year 1989 concerning Patent, it is deemed necessary to 
stipulate that the import of raw materials or certain 
patented products the implementation of which shall not 
constitute as an infringement of the relevant patent: IP/NI 1 IIDN/P/l 
Page 160 
In v.iew of 
1. Article 5 paragraph (2) of the 1945 constitution: 
2. Law Number 6 Year 1989 concerning Patent {State Gazette 
Year 1989 Number 39. Supplement to the State Gazette 
i\'urnber 3398 I. 
To enact DECIDES 
CJOVER.J\?vfENT REGULATIO:': OF THE RfPL'BLIC OF I\Tx)\T~)IA 
CONCER:\iING IMPORT OF RAW HXITRIALS OR CER'r.:d~ 
PATS\'TED PRODUCTS FOR OOMESrIC PH.'\F~\LACEUTIC:\L 
PRODUCTIOI\. 
Article 1 
Except for raw materials or certain products listed 1n ;:112 
Enclosure of this Government Regulation. the im!X)rt of 
patented products or products manufCic.tuft'ct through ail;: 
patented process which has been carried out by persons olher 
than the Patent Holder and used for the production of drugs 
In Indonesia. shall constitute as an infringement of the 
relevant patent. 
/Article 2 The patent 
which has as referred 
been granted 
concerning Patent. Article 2 
to in Article 1 shall be 
pursuant to Law Number 6 
Article 3 IPINIlIIDNIPIl 
Page 161 
a patent 
Year 1989 
This Government Regulation shall be effective as of the date 
of effect of Law Number 6 Year 1989 concerning Patent. 
In order for e\rery person to be knowledgeable of this 
Government Regulation. i t 1S hereby ordered that the 
enactment of this Government Regulat ion shall be set out 
1n the State Gazette of the Republ ic of Indonesia. 
Ratified in : Jakarta 
Da t e : June 11. 1991 
PRESIDE:\'T OF THE REPUBLIC OF I~1X)NESI.'\ 
( signed) 
S 0 E H ART 0 
Enacted in : Jakarta 
Date : June 11.1991 
~f r t\ I STER/ STATE SECRET . .<\RY 
OF THE REPUBLIC OF INOOi\'ESIA 
(signed) 
M 0 E R D I 0 ~ 0 
STATE GAZETTE OF THE REPUBLIC OF Ii\'DO~ESIA 
YEAR 1991 Nl"MBER 40. IP/NIlIIDNIPI 1 
Page 162 
ENCLOSURE 
GOVER.\ME.i\1' REGULATION OF TIIE REPCBLIC OF I!'.:1X)i';t:SIA 
~1JMBER 32 YEAR 1991 
DATED JuNE 11. 1991 
LI ST OF PRODUCTS Of I,VHICH IMPORTATION SHALL :-\OT BE DEEMED AS 
U',iFRINGEME\T OF PATF.l\'T RIGHTS 
1. ACID(Jt;1 PIPDIIDIC 
") ATE'JOLOL -. 
J. .-\LBE..'iDAZOl 
4. A\! I ~ "EPT I NA 
5 . ACICLOVIR 
6. AC ID CLA VlJ1..:-\:'\ I C 
AST£.\l1 ZOlE 
S. AZTREOl\',<\;\i 
9. BACA\U? I Cl LL I :-: 
10. BUDESONIDE 
1 1 . B I TOL 'fEROl ~(£SYLATE 
12. BROMCRIPTI\<f ~[ESYLATE 
lJ. BIFO~AZOL 
14. CYCLOSPORIN 
15 . CEf ADROX I L ;'l<Y<OHYDR.AT 
16. CEfOTA\IME 50D1G~ 
17. CICLOPIROX OL\\ll\"E 
13. CYTARA.BI~"E HCL 
19. CETRAXATE HCL 
20. CEFSULOOI~ SOD IU:.t 
2l. CEFOPERAZo~rr 
)) OO){PERlOO!\ _Lo • 
23. ESTAZOLA\i 2 .. 1.. ffi'" T I AZAC 
25. ISOCONAZOL 
26. IPRATROPIUM BROMIDE 
27. IFOSfAMID,E 
23. KITOCONAZOL 
~9. LABETALOL HCL 
30. MINOXIDIL 
J 1. MI COl\AZOL 
32. ~fET'OPROLOL TARTRAT 
JJ. METRI ZA\11 DE 
J·L ?vlIANSERfN HCL 
35. MIDAZOL>\'v{ MALFATE 
36. ~fET I L~I C IN S04-
37. NAOOLOl 
J3. :JICARDIPINE HCL 
39. ~OR FLOXACI~ 
~w. OXAT0.\!I DE 
-+ 1. pr RO:\ I C:\:\I 
4:2. PR.-\Z I Ql:.-\\iTEL 
43. PROCATEROL HCL 
44. PRAZOSI~ HeL 
4'1 SISO\HCI\ Sl'LFAT 
46. Su1.PF.oST00.c 
47. TIEMONIUM METIL S04 
·+8. T 1 OCONAZOLE 
49. VINDESli\t: S04 
50. VECURONIUM BROMIDE 
PRES I DTh'T OF THE REPUBL I C Of I NOO~LS I A 
(signed) 
S 0 E H ART 0 IPIN/lIIDNIPIl 
Page 163 IPINIlIIDNIPIl 
Page 164 
mVERNMENT'REGULATION OF TIIE REPUBLIC OF lNOONESIA 
NUMBER : 33 YEAR 1991 
CONCERNING 
SPECIAL REGISTRATION FOR PATENT CONSULTANT 
TIrE PRESIDENT OF TIIE REPUBLI,C OF 'INDJNESIA 
Considering: (a) that in order to faciiitate and expedite 
appli~ations from overseas as well as 
local. Law Number 6 Year 1989 concerning 
Patent regulates the avai labi I i ty of Pat(';l1t 
Consultant services: 
To Enact (b) that in order to prm'ide legal basis :or 
carrying out Patent COflsu:tant services. it 
is deemed necessary to stipulate Go\-ern:II'::Clt 
Regulations concerning the registration uf 
Patent Consultants: 
1. Art i c I e Spa r i:1 g rap h (2) 0 f the 1 945 Co [j ~ '_ : -
tution: 
') Law ~umber 6 Year 1989 concernlng Peti, 'nt 
(State Gazet te ';<:;ar 1989 NUI!:h(-;r 
J9.Supplement to the SCBte Gazette 0:wL:,;er 
J398) . 
o E CID E S : 
THE GOVER.\JME~'T REGu'LAT I Of,: , . CONCER?\ING SPP,,'; ,\l 
REGTSTRATIO~ FOR PATE;-';l CO>;Sll,TA\'TS. 
Article 1 
For the first t tme, any person who fulfi.lls the rcquirelll,:::ts 
hereunder may be registered a Patent Consultant: 
1. Holder of on Engineering and Natural Science Degree 0;-a 
graduate of any other field; 
/2. Has ---IP /NI lIIDNIP /1 
Page 165 
2. Has worked as a Patent Consultant or has processed the 
filing of a patent application' for a Government or private 
inst i tut ion or individual, as evidenced from the 
experlence to file patent applications, including the 
period of experience which shall be at least 2 (two) years 
before ~ovember I, 1989. 
3. Pay a registration fee of Rp. 500,000.- (Five hundred 
thousands rupiahs). 
Article :2 
The registiation referred to in Article shall be submitted 
within six months as from the day of enactment of this 
Government Regulation. 
Article 3 
The Pacent Consultant who has been registered in accordance 
with the requirements as referred to in Article 1 and Article 
2 may continue to carry out work as a Patent Consultant if 
the requirements which are further stipulated In a separate 
Go~ernment Regulation are fulfilled. 
Article 4 
Further requirements which are necessary for the implementa­
tion of special registration for Patent Consultants pursuant 
to this Government ,Regulation shall be regulated b~' the 
Minister of Justice. IP/N/l/IDNIP/l 
Page 166 
Article 5 
.. 
This Regulation shall be effective as of the date of its 
stipulation. 
In order for the public to be knowledgeable of this (:Jovern­
rnent Regulation. it is hereby ordered that the enactment QC 
this Government Regulation shall be set out it in the State 
Gazette of the Republic of Indonesia. 
Ratified in Jakarta 
On June 11. 1991 
PRESIDENT OF TIiE REPUBLIC OF IN1X)NESL'c 
Enacted In Jakarta 
on June 11. 1991 
MINISTER/STATE SECRETARY 
OF TIrE REPUBLIC OF lNOONESIA 
(signed) 
M 0 E R D ION 0 (s igned.) 
S 0 EH;., R T 0 
STATE GAZETTE OF TIrE REPCBLIC OF I:':OOXESIA \"EA.R 1991 i\l.,~1BER 41. JP /Nil IIDNIPIl 
Page 167 
GOVERNMENT RB3ULAT I ON OF TIIE REPUBL I C OF lNOONES lA 
NO: 34 OF 1991 
CONCERN I 00 
PROCEDURE FOR PATENT APPL I CAT ION 
TIIE PRESIDENT OF THE REPUBLIC OF lNOONESIA 
Considering: 
( a) t ha t in the framework of implementing a patent system 
as regulated In Law Number 6 of 19S9 concernIng 
Patent. provisions concerning the procedure of patent 
applications which are simple but may effectively perform 
such patent system are necessary; 
(b) that 1n connection with such intention In letter a. it is 
deemed necessary to stipulate provisions 'concerning the 
procedure for patent application in a Government Regula­
t ion: 
In view of 
1. Article 5 paragraph (Jl of the 1945 Constitution: 
2. Law ~umber 6 of 1989 concerning Patent (State Gazette 
of 1939 Number 39, Supplement to the State Gazette 
!\umbe r J 398) . 
TO ENACT D Eel 0 E S : 
GOVERKMENT REGULATION CONCER1~ING PROCEDURE 
FOR PAT~l APPLICATIO~S IPINIlIIDNIPIl 
Page 168 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 
Def in i t ion 
Cnder this Government Regulation: 
1. The Patent Law shall me~n Law Number 6 of 1939 concerning 
Patent. 
:2. Descript ion or disclosure of invent ion shall mean c1 
written explanation concerning the method of implementa­
tion of an invention so that it may be understood by 
persons skilled in the art. 
J. Claim shall mean. a written summary concernlng the subject 
ma tt er of the invention or part thereof for ~hich' 
protection in a form of a patent is requested. 
4. Drawings shall mean technical drawings of an invenlion 
which contains a sign, symbol. letter. number, flowsh:.: :~t, 
or diagram which illustrates the portions of '.he 
invention. 
5. Abstract shall mean e. concise summary of the invent. ion 
which constitutes a summary of the subject matter of the 
description. claims or drawings. 
6. Minister shall mean the Minister whose scope of duty and 
responsibity includes the adminis'tration of patents. 
7. Patent Office shall mean an organizational unit wilhin 
the sphere of a government department having authority 
and carrying out duties in the fi~jrl of patents. CHAPTER 11 
PATENT APPLICATION 
Part One 
Procedure To File Patent Applications 
Article 2 
Patent Application Requirements IPfN/1/IDN/PIl 
Page 169 
(1) Patent application shall be filed to the Patent Office 
in writing in the Indonesian language and a fee 
must be paid, the amount of which and manner of 
shall be determined by the Minister. 
(2) Except as specifically regulated In Article 28 
Patent Law. a patent application may be filed therefor 
payment 
of the 
by the 
inventor or a person entitled to such invention or by a 
Patent Consultant as the attorney. 
(3) In the event a patent application IS filed by a Patent 
Consu 1 t ant, such app I i ca t ion mus t be accompan i ed by a 
power of attorney. 
(4) If a patent application is not filed by a person other 
than the inventor! such application must be accompanied 
with a statement containing sufficient evidence that the 
patent applicant is entitled to th~ said invention. 
(5) The patent application documents may be delivered direc­
t ly to the Patent Office or by means of the postal 
sE:ryices. IP/N/1/IDNlPll 
Page 170 
Article 3 
Requirements For Persons Filing Appl icat ion 
(1) A patent' application which is filed by an inventor also 
acting for and on behalf of another inventor must be 
accompanied by a written statement which contains the 
approval of such other inventor for the fi 1 ing of such 
patent application. 
(2) A patent application which is filed by an attorney for 
( 3 ) and on beilf.df of an inventor or inventors must ~)e 
accompanied by a power of attorney froin the releV~lilt 
inventor or inventors. 
A patent application which is filed by· a person 
to the invention and also acting for and on entit led 
behal f of 
another person also entitled to such invention must ~)e 
accompanied by a written evidence Ul.1t such persons are 
jointly entitled to the invention as well as a 'Nri tt:-::n 
statement of approval to [i le the pCltent 'appl icat 10n frolll 
such other person. 
(4) A patent application which IS filed by a Patent 
Consultant fOT and on behalf of one or more persons 
entitled to the invention must bE accompanied by a 
IX>wer of attorney from such person or'pBrsons entitled to 
the invention and a written evidence that such persons 
are jointly entitled to such invention. 
(5) The prOVISIons concerning data completion as meant In 
this Article s-hall also prevail in the event anyone or 
more inventors or those having received a right from such 
inventor passes away and such right is enforced by llis 
heir. Part Two 
Application To Obtain a Patent 
Article 4 
Contents of Patent Application 
A patent application shall consist of : 
a. an application letter to obtain patent; 
b. a description of the invention; 
c. one or IDOre claims contained in the invention; JP!N1l IJDN/P 11 
Page 171 
d. one or more drawings mentioned 1n the description which 
are necessary for explanation; 
e. an abstract of the invention. 
Article 5 
Contents of Application Letter 
,<\n application letter to obtain a patent as referred to In 
Article -+ letter a shall be signed by the patent applicant 
and shall be filed In the form as determined by the ~1inister 
and shall contain: 
a. the date, month and year of the application; 
b. tbe full name and clear address of the patent appl icant: 
c. full name and nationality of the inventor; 
d. full name and address of the Patent Consultant if the 
patent application filed by a Patent Consultant; 
e. title of invention; 
f. type of patent requested. IP/N/lIIDNIPI1 
Page 172 
Part Three 
Receipt of Patent Application Documents 
Article 6 
Procedure and Administration 
(1) The Patent Office shall issue a receipt 'for the pate:·!t 
application documents of which shall contain the number, 
the date and time of receipt. and she. I I record the S81!1e 
In a special register book provided therefor. 
(~) Further provisions concerning the procedlJre for receipt 
of patent appl fcat ion documents shall be fegu lated by the 
Minister. 
Part Four 
Division of Patent Application 
Article 7 
Division 
Taking into account the provision that one paLent 
appl icat ion may be fi led fOT one invent ion, therefore 
a. a patent application which has been filed may be divi~kd 
into two or more applications if such patent applica:.ion 
contains two or more inventions: 
b. each patent application resulting Trom the d i vi,) ion 
referred to In . letter a 'may be . filed as a Sepl.1re.te 
~..,. 
app I i ca t ion, and wi th respect to such patent application 
the same date of filing as the daLe of filing of the 
original patent application shall be given. Article 8 
Approval and Rejection IP /NI lIIDN/P/1 
Page 173 
(1) The division of a patent appJ icat ion a~ 'referred to In 
Article 
office. .... 
I shall be requested in writing to the Patent 
(2) The application for division of a patent application as 
referred to in paragraph (1) shall be rejected if 
substantive examination on such patent application has 
been completed. 
(3) In the event an application for division of a patent 
application as referred to in paragraph ( 1 ) 1S 
approved therefor. 'the fi 1 ing of the patent appl icat ion 
documents resulting from such division must be received 
by the Patent Office no later than (three) months 
as of the date of approval of such application division. 
(~) The time limit referred to in paragraph ()) shall also 
apply to the payment of fees related with the division 
of a patent application. 
Article 9 
( 1 ) upon the approval of the Patent Office eC:ich patent 
application as referred to in artIcle .., letter b may be i 
filed \I, i th priority right. if the original application 
before division has been filed wi th priority right. IP/N/1/IDNIP/1 
Page 174 
(2) ·Certain documents of the patent appl icat ion which had 
been originally filed with priority right and have been 
received by the Patent Office may be deemed as data 
completion for such patent application resulting from 
division. 
Ar tic 1 e 10 
(1) The division of a patent applicalion may be carrieJ out 
upon the written advise of the Pat(!nt Office. 
(2) I f the aelv ice as referred to in paragraph (!) 1S 
apprm"ed, the delivery of certain documents which are 
required as a result of the division of the patent 
application shall be made "no later than 3 (three) months 
as of the date of delivery of the written advise from 
the Patent Office. 
(J) The time limit referrt:d to in pariJgraph (:2) shall also 
apply to th~ payment of fees related with the division of 
a patent application. Part Five 
~bdification of Patent Application 
Article 11 
Ordinary Patent to Simple Patent IP/N/lIIDNIP/1 
Page 175 
The modification of a patent application from a patent for 
invention to a simple patent or vice versa, may be possible 
on condition that: 
a. a written application IS filed to the Patent Office; 
b. a fee IS paid, the amount and manner of payment of which 
shall be determined by the Minister. 
Ar tic 1 e 12 
Rejection of ~odification 
The request for modification of a patent application as 
referred to In Article 11 shall be rejected if substantive 
examination for such patent application has been completed. 
Article 13 
Requirements For ~~dification 
(l) In the event an application for modification of a patent 
application as referred to in Article 11 is approved. 
such patent application must be filed with the necessary 
documents. IP/N/1/IDNIPIl 
Page 176 
(2) The patent npplicat10n as referred to In paragraph (1) 
shall be made wfth due observance to the requirements 
stipulated in this Government Regulation. 
Article 14 
f~nouncernent of Modification 
(1) In the event an application for modification of a patent 
application from a simple patent to a patent for 
invention is made, the Patent Office shall be oblig8.'_I:d 
to announce such patent application if the requirements 
as referred to in Article 13 have been fulfilled. 
(2) The announcement of a patent application as referred co 
In paragraph (1) shall be made in accordance with the 
provisions stipulated in this Government Regulat ion. 
CHAPfER I I I 
IXx.-IJMENTS OF PATENT APPLICATION 
Paft One 
Requirements Concerning Delivery and Writing of Document.s 
Article 15 
Copies 
Unless determined otherwise, delivery of the description. 
claims, drawings and abstract and any other patent 
application documents shall be filed in triplicate. Article 16 
Writing Of Documents IP /N/1/IDNIP /1 
Page 177 
The form and manner of writing the patent application 
documents shall be further regulated by the ~inister. 
Art i c le 17 
Translation into English 
In view of the provision of Art icle 2 paragraph (1). in the 
event the original documents of the patent application IS 
written In Et foreign language other than English. the Patent 
Office may 
English. require such documents to be translated into 
Art i c 1 e 1 S 
Microorganism 
(1) In the event the description of an invention concerns a 
specific microorganism. whi 1st it is not yet possible to 
disclose or make available such . . mlcroorganlsm to the 
public at the time of filing of the patent application. 
then such description shall be accepted if it discloses 
In full and In an explicit manner the method of 
ut i I izat ion of the' microorganism and insofar as the 
following conditions are fulfilled: 
a. a sample of the microorganism has been deposited in a 
depository institution recognized by the Patent Office 
before the patent application is filed or before the 
date of receipt of patent application is given; IP /N/1/IDNIPIl 
Page 178 
b. such patent application filed shall contain sufficient 
elucidation of the features or characteristics of the 
relevant microorganism; 
c. the name of the microorganism,· the date of deposit. 
name of the depository institution and deposit number 
of such . . mlcroorganlsm sha 11 included H1 
description of the relevant patent application. 
(:2) .If t.he information concerning matters as referred to U1 
paragraph (1) letter c is not contained the 
description. such information must be submitted to Ule 
Patent Office no later than 3 (three) months as of the 
date of receipt of the patent application documents. 
(J) The delivery of information concerning microorganism ,tS 
referred to In paragraph (2) shall be deemed as ~n 
unconditional approval of the patent applicant to any 
person who at the time or after the i.mnouncement of the 
patent appl icat ion fi les a written Dppl icat ion to tl:e 
Patent Office to obtain such deposited microorganis!ll 
sample. 
Article 19 
Budapes t Treaty 
The depository institution or institutions as referred to ~n 
Article 18 paragraph (1) letter a shall mean institutions 
which are recognized by the Budapest Treaty on the Inter·­
national Recognition of the Deposit of Mi·croorganisms ()f 
1980. IP/N/1/IDNIP/1 
Page 179 
Article 20 
Request For Microorganism 
(1) 'A sample of the microorganism may be given to any 
requiring the same upon the written' approval 
Patent Office authorizing the release of such 
from the depository institution. person 
of the 
sample 
(~) An appl icat ion to obtain the approval of the Patent 
Office as referred to in paragraph (I), shall be submitted 
in writing to the Patent Office along' with the following: 
cl. a statement to 'refrain from transferring such mIcro-
organism sample to any other person until such patent 
application has been withdrawn or rejected or until 
the validity period of a patent expires in the event a 
patent has been granted: 
b. a statement to use such sample for experiment purposes 
only until such patent application has been 
withdra\l,TI. or deemed to be withdrawn or'until a patent 
has been granted for the relevant invention. 
(3) Provisions regarding the procedure of request for a 
micro-organism sample shall be further regulated further 
by the ~inister. IPINIlIIDNIPI 1 
Page 180 
Article 21 
No t if i.ca t ion 
In the event an application to obtain a microorganism sample 
as referred to in Article 20 has been approved by the Patent 
Office. such approval shall be promptly notified to the 
relevant patent applicant. 
Part Two 
Descr ipt ion 
Article 22 
Contents of Description 
The description or summary of the invention shall state the 
title of th~ invention as contained 1n the application 
letter to obtain patent and shall: 
a. emphasize the technical field related with the invention: 
b. elucidate the technical background: of the inventi0f1. 
insofar as known by the patent 8pplicant~ whIch 1S 
necessary for the comprehension, research and examination 
of the invent ion and where possible :~tate the referc'f1ce 
documents' of such technica 1 background; 
:~ , 
c. e1.ucidate the technical advantages arid benefits. if any, 
in comparison with existing technological invention in the 
same field; d. briefly describe matters pertaining to the 
drawings: IP/N/l/IDNlPll 
Page 181 
attached 
e. elucidate at least one method of implementation of the 
invention including one example and where necessary with 
reference to the attached drawings~ 
f. elucidate the method of application of such invention In 
industry. or the manner of exploitation. if due to its 
nature it 15 difficult to describe such invention In a 
descriptive manner. 
Provisions Article 23 
Sequence of Description 
concerning the sequenc€ of the descr ipt ion 
referred to In Article 22 must be complied with. unless an 
arrangement In any other form is more appropriate and more 
capable of elucidating the invention for which patent has 
been requested. 
Part Three 
Claim 
Article 24 
Number, Features 
(1) An application to obtain patent may be filed with more 
than one claim. IP/N/l/IDN/P/1 
Page 182 
(2) If more thm1 one claim is filed, each claim shall bE 
given a sequential number. 
(3) Elucidation of the subject matter of an invention in a 
claim shall b~ written 1n a language and with terms 
commonly used for description in the field of technology. 
Article :25 
Writing of Claim 
(1)."'" claim shall be written in two part~) consisting of: 
( 2 ) a. part one. consisting of a statement showing [he 
technical field of the previous ir~vention: 
b. par t two. consisting of a technical S t [\ t elnent 
concernlng the invention for which patent protection 
has been 
improvement over 
If a claim is not 
only consist of 
elucidation of the requested 3nd constituting 
previously existing inventions. 
written in two parts such claim 
a single statement containing 
subject matter of the invention. 
Article 26 
Restriction an 
sha II 
the 
(1) Unless deemed necessary, a claim shall not contain any 
sentence which is referential in nat1.i;'e or constitutes 
reference of the description or drawings attached 
thereto. IP /N/lIIDNIPIl 
Page 183 
(2) A claim shall not contain any drawing or graph, 
however. may contain a table and/or chemical or 
mathematical formula. 
(3) If a patent application contains a drawing. the claim may 
contain signs which refer to such drawing and shall be 
written in an orderly manner between parentheses. 
Article 2,-:-
Uni ty of In\-ent ion 
/\ palent application COnSl.stlng of or more claims howe\-er 
are inter-re lated shall be deemed as one uni t of invent ion: 
a. an independent claim concerning product. an independent 
claim concerning the process for the manufacture of 
the product and an independent claim the utilization of 
such product: or 
b. an independent claim concerning a process and an 
independent claim concernIng an apparatus or machine to 
carry out such process: or 
c. an independent claim concerning a p,roduct. an independent 
i~ , 
claim concerning the process for the manufacture. of 
the product and an independent claim concerning the 
apparatus or machine to c~rry out such process. IPIN/lIIDN/PIl 
Page 184 
Article .23 
.-\ddi t iona 1 fees 
(1) If a patent application contains morc· than 10 (cen) 
claims. additional fees shall be paid for the excra 
claims the amount of which shall be determined by the 
~1 i n i s t er. 
(~l The payment of additional fees as referred to In 
paragraph (1 I shall be made no later than the time an 
application for substantive examination IS submitted. 
( J) If ( he additional fees are not paid within the ll.":I:; 
frame referred to' in paragraph (2). the extra ClEil!:lS 
shall be deemed as withdra~TI. 
Part Four 
Drawing 
.-\r tic le .2 9 
~ecessity For Drawings 
{11 A patent application may be completed with drawings if 
same are necessary [0 illustrate the description of an 
invention. 
(2) In the event a patent application is not completed with 
drawings whilst (he Patent Office deems that' 5uch 
drawings are necessary to illus~rate the description. 
the Patent Office may request the patent applicant ~o 
provide the the same. 
/'-\rticle .30 ---Article 30 
Sign IP/NIlIIDNIPIl 
Page 185 
(1) A drawing shall contain SIgnS in the form letters or 
numbers. and shall not contain any sign in the form of 
writing unless such writing IS absolutely necessary as 
a part of the relevant drawing. 
(2) Flowsheets and diagrams shall be considered as drawings. 
Part Five 
Abstract 
:\rticle .11 
Form of abstrRct 
(i) .-\bst[ac( concernIng an im"ention shall be written In not 
n~re than 200 (t~o hundred) words. beginni~g from the 
title of invention as contain~d in the application letter 
to obtain patent. 
(2) The abstract referred to 1n paragraph (1) shall contain: 
B. a summary of the claim and description of the 
invention including clrawings. iJ Rny: 
b. chemical or mathe:natical formula ',lihich IS absolutely 
necessary to illustrate the invention. IP/N/1IIDNIP11 
Page 186 
Article 32 
Technical field 
(1) The abstract referred to in Article 31 shall contain a 
statement indicat ing the scope of the technical fie Id of 
the invention and clearly describes the subject matter 
of the invention as well as its uses. 
(:!) The abstract referred to In paragraph (1) shal I not 
con t a i n an:.' s tat em e n t w h i ChI S s pe cuI a t i ve inn a t u reo r 
a statement which shows a better or more valuable 
evaluation than the previous invention. 
:\r tic 1 e 33 
Inclusion of DraRing 
If the abstract of an invention refers lO a drawing contained 
In the patent application 'documents. then in the letter of 
appl icat ion to obtain patent a request mR.\' be nlRde to the 
Patent Office to include such drawing l!1 thE: announcement of 
the patent application. 
/CH:\PT~R 1\· ---ClIAPTER IV 
ADMINISTRATIVE EXAMINATION 
Article 34 
Administrative requirements 
(1) The Patent Office shall: JP INI1IIDNIP 11 
Page 187 
a. examine the completion of administrative requirements 
which cover patent application documents: and 
b. classification according to the type of pRtent 
application and field of invention. 
(2) As of the date of receipt of the patent application 
docufllents. the Patent Office shall treat such documents 
as confident ia I dOCUllIents. 
:\1' tic 1 e 35 
Deficiencies 
( 1) 1n the event there Rre deficiencies which concern the 
completion of the patent application documents. then 
within 14 (fourteen) days as of the date of receipt of 
the patent application documents, the Patent Office shall 
notify such deficiencies In writing, clearly and In 
detail to the inventor or the patent applicant to 
correct such deficiencies. 
(2) I~ the event the notification f~ferred to in paragraph 
(1) 1S deli\rered to the patent Rpplicant as the Patent 
Con.sultant, a copy of such notification shall be 
delivered to the inventor. IP/NIl/IDNIPIl 
Page 188 
(J) The complet ion of patent appl icat iOr! documents ·referred 
to in paragraph (1) shall be delivered .to the Patent 
Office no later than 3 (three) months as of the date of 
notification by the Patent Office. 
(4) In the event there are convincing reasons that 
technically it is difficult to fulfill such completi.iJf1 
within the said time frame. the time limit referred ta ;n 
paragraph (3) mar be extended for a maximum period of 3 
(three) months upon the approval. of the Patent Office. 
Article 36 
Withdrawal 
(1) If deficiencies of completion of requirements as referred 
to Article 35 paragraph (1) are not fulfilled within the 
time frame referred to in Article 35 paragraphs (3) and 
(4). then such patent appli~ation shall be deemed as 
wi thdrawn. 
(~) The Patent Office shall notify in wrlting of ·the oplnlon 
of withdrawal of the patent application as referred tc) in 
paragraph (1) to the patent applicant. 
jArt iele 37 --.. -Article 37 IPIN/1/IDNIP/1 
Page 189 
(1) In the event there are deficiencies which concern the 
fulfillment of requirements as referred to in Article 5 
the Patent Office shall notify the person filing the 
patent application that such deficiencies should be 
completed or corrected wi thin the period prlor to the 
application for substantive examination. 
(.2 ) The deficiencies as referred 'to in paragraph (1) sha 11 
not postpone the determination of the date of filing of 
the patent apllication . 
. -\ r tic le.) S 
In the event the ·Patent Office has delivered the notification 
concerning deficiencies as referred to 1n Article JS 
paragraph (1). the date of fi I ing of the patent appl icat ion 
shall be the date of receipt of the final fulfillment of the 
completion of the patent application by the patent Office. 
Article 39 
Fu 1 f ill men t 
In the event the Patent Office fails to deliver the 
notification concerning deficiencies within "the time frame 
referred to In Article 3S paragraph (1) such patent 
application shall be deemed to have fulfilled the completion 
requirements of the patent application documents. IPINI1IIDNIPl1 
Page 190 
Article 40 
Evidence of Receipt 
If the patent application fulfills the requirements referred 
to in ArticLe 4 and Article 5 and payment of fees for pElt(;nt 
application as referred to in Article :2 paragraph (1) has 
been made, the Patent Office shall be obligated to provide a 
written evidence which contains: 
a. the date of fi 1 ing of the patent appl icat ion: 
b. type of patent Rpplication: 
c. name and address of the patent applican[: 
d. name and na t iona. 1 i ty of t he inventor; 
e. title of invention: 
f. fu 11 name and ·address of the Patent ConslJ 1 tant. if i ile 
patent application is filed by a Patent Consultant, 
CHAPTER V 
WITIIDRAWAL OF PATENT APPLICATION 
Article 41 
Requirements 
(l) A patent application may be withdro'xn by submitting a 
1 e t t e r the re for to' the Pat en t 0 f f i <.>; W hie h s ho 1..11 d be 
signed by the patent applicant or UI(-: im'entor or the 
person entitled to the invention. IP/N/l/IDNIPII 
Page 191 
(2) The request for the withdrawal of a patent application 
filed by a Patent Consultant. must be completed with a 
power of attorney from the inventor or the person 
entitled to the invention. 
( J ) r f a patent application for a patent IS wi thdrawn. the 
fees for the patent application and all other fees which 
have been paid to the Patent Office sha 11 not be 
refunded. 
CHAPTER VI 
PATENT APPLICATION WITH PRIORITY RIGHT 
:\r tic 1 e of ~ 
Cert i f ied cop:-' 
(1) In addi.tion to the [uIft t Imef1t of the prO\rlSlOns refer:-ed 
to in Article 4. a patent application must be completed 
with a copy of the application letter to obtain patent 
which has been filed for (he first tIme 1n another 
country in the event a patent application is filed with 
priority, rights. 
(.2) A copy of the patent app 1 icat ion ~'let ter as referred to In 
paragraph (l) shall mean a copy which has been certified 
by the competent authorities in the country receIvIng the 
patent application for the first time. IP /N/lIIDN/P/1 
Page 192 
Article 43 
Certified Copy Unvailable 
(1) If the certified copy as referred to In Article 42 
paragraph (2) cannot be submitted within the, time frame 
as stipulated in Article 29 paragraph (2) of the Patent 
Law, then such patent application may be filed with an 
evidence of the copy of the patent application for the 
first time along with an evidence of the request for 
ceitification of such copy. 
(2) The submission of the data completicn as referred to In 
paragraph (1) shall be deemed as the ful fi llment of the 
pro ;" 1 5 1 0 n 0 f :\ f tic 1 e .? 9 par a g rap h (~) 0 f 1: he P Cl. t e fl t L et ~~ . 
Article 44 
Requirt::ments 
( 1) In addition to the fulfillment of the requiremen[s 'as 
referred to in Article 5, the application letter to 
obt~in patent shall ~ontajn : 
a. a statement that such patent application is fil~d with 
priority right; 
b. the date of filing of ,the paten't application for the 
first time in another country. whi (~h constitutes the 
basis of the application wlth priority rights; 
c. the name of countries other than lndonesia In which 
such patent application has been f:i 1 ed. IPINIlIIDNIPIl 
Page 193 
(2) The statement as referred to in paragraph (11 may be 
submitted separately provided that the submission of the 
same is made within 4 (four) months as of the da~e of 
receipt of the patent application by the Patent Office. 
Article 45 
Further provisions 
further prm" i s ions concernIng patent applications with 
priorit~' rights shall be regulated by the ~inister. 
CHAPTER VI I 
PUBLICATION OF APPLICATION 
Article 46 
(1) In vie\!.· of the provisions in Article 4:, Article 4S. 
Article 49 and Article 50 of the Patent Law. the Patent 
Office shall announce a patent application for 6 (six) 
months b~' including the same in the announcement board at 
the Patent Office and published in the Patent Official 
Gazette. 
(2) During the 'period of announcement. the public may 
inspect the patent application documents and may submit a 
request to the Patent Office to obtain a copy of the 
relevant patent app.lication documents along with a fee 
the amount of which shall be regulated by the Minister. 
(3) Further prOVISlons concerning the form and contents of 
the announcement shall be regulated by the Minister. IPINll IIDNIPI 1 
Page 194 
:\rt i cl e -t.-; 
[n orGe':'- ~o provicie an· opportunity to· tIle public co inspl::!ct 
~he patent documents. the Patent Office shall provide a 
special space therefor and shall pcrrntt the public ~o 
ins pec t : 
a. the appl ica( ion lener to obtain a patent: 
b. cialm; 
c. desc::-iptlon: 
d. dra .. nngs: 
e. aOSl:rac:. 
.-\r tic 1 e ~S 
Obj~c(ion 
( 1) Our 1 ng t he pe r iod of announcement. 3fl>' pe ['son IIlay subn,::. 
hlS Vie's or objections on the p~cenc appl tcat le-:1 
currently announced with the provision that such Vle~ 0r 
objections are submitted in writing HI (rle Indonesli:-.!i 
language along with the reasons. e:<pt-3.nac ion 
supportlng evidences or facts. 
(~) The Patent Office may request that the doc~ment ~ritten 
1n a foreign language inc luded in such \'iew or object 101'15 
s~al1 be translated into Indonesian language. 
/.-\I'ticle .l9 The Patent Article 49 
Response 
Office shall promptly deliver a IP/N/l/IDNIPI1 
Page 195 
copy of 
the letter containing the view or objections referred to 1n 
Article 43 paragraph (1) to the patent applicant or the 
inventor or the person entitled to the invention and shall 
gIve an oppor tun it y to submit a written denial or 
explandt ion against such \-iew or object ions to the Patent 
Office. 
Article 50 
Unannouncement Applications 
(1) Upon the approval of the ~inister. the Pa[en~ Office may 
decide not to announce a patent, appi lcat ion if In 1 cs 
such invention and its announcement are 
considered to be {X)tentially disturbing to or contrar;.'­
~ith the defence and security interests of the country. 
(~) The d~cision not to ~nnounce a patent application as 
referred to in paragraph (1) shall be notified in writing 
by the Patent Office to the patent applicant together 
with its reasons and if deemed necessary along with any 
prohibition' of matters which cannot be carried out with 
respect to the relevant invention. IP/N/l/IDN/P/l 
Page 196 
(3) A copy of the notification letter referred to l( 
paragraph (2) shall be delivered to the inventor or thE 
person entitled to the invention if the patt:.nt 
application is filed by a Patent Consultant as (he 
attorney. 
Article 51 
(1) Insofar as thE" decision not to announce such patent 
application relllains in force. the pacent applicant or che 
inventor or the person entitled to t:'\e in\"ention shall be 
prohibited from announclng l1latter~. related I,\ith the 
in\-ent ion. 
(2) Each rerson lS prohibited from making or assisting to 
make or to carry out similar Rctions so that such 
invention may ,be made overseas. 
(J) The provisions of Article 128 of the Fateill Law shall '.le 
applicable on activities which contravene the prOVlSlc,/lS 
of paragraph (1) and paragraph (2). 
/CHAPTER VIII ---(1) After the 0iAPTER VI I I 
SUBSTANfIVE EXAMINATION 
Article 52 
Procedure IP/N/1/IDN/P/1 
Page 197 
termination of the announcement period. 
however. wi thin 36 (thirty six) months as of the date of 
filing of the patent application. an application for 
substant ive examinat ion ma~' be submi t red by the patent 
applicant to the Patent Office. 
(~) The application for substantive examination referred to 
in paragraph (1) shall be submitted along with a fee the 
alllount of which and manner of payment shall be 
determined by the :'linister. 
(3) The application for substantive e:'(amlnatlon l1Iust be 
submitted in writing in a form which shal J be deternlined 
:.-\ i n i s t er. 
Article 53 
Purpose 
The purpose of substantive examination shall be to deterllline 
whether the invention for which patent has been requested may 
or may not be granted a patent. IP/NIl/IDNIPIl 
Page 198 
Article 54 
In the event substantive examination IS requested on an 
invention for which a patent with priority rights has been 
requested. the Patent Office may request an explanation and 
the necessary documents concerning the decision on a patent 
application which has been filed in another country. 
Article 55 
Examination 
( 1) In conduct ing a substant ive 
Office shall : exarJ!i na t ion the Pa r !;:;n t 
a. examlne lhe invention for whic~ paLent hR5 b:~en 
requested with other existing inventions based ;)[1. 
inter alia. the patent application documents as 
as other avaliable documents; 
b. consider any VIew or objections submitted by che 
public. if any. and any denial or explanation 'I\,';.~h 
respect to such VIew or objectidns: 
c. consider the documents which have been filed as 
the [ul fi llrnent of the deficielicies or compler• ion 
required by the Patent Office and invite the patent 
applicant to pro\-i de' any necessary additiunat 
explanation. 
/L~) The ---IP INI1IIDNIPI1 
Page 199 
(2) The performance of the activities referred to In 
paragraph (1) may be conducted by the Patent Office with 
due observance to the provisions of Article SS and 
Article 59 paragraph (1) of the Patent Law. 
(3) The .procedure to request completion or additional 
explanation referred to in paragraph (1) letter c and 
substantive examination activities referred to In 
paragraph (1) shall be further regulated b~r the Minister. 
Article S6 
Consideration 
The decision that an invention for which patent has been 
requested mayor may not be granted a patent shall be made 
with the following considerations. inter alia 
a. novelty of the invention: 
b. inventive step contained in the invention: 
c. whether the invent ion lllay be appl ied or used 1n industry-; 
d. whether the relevant invention is included in or excluded 
from the catagofY of inventions which are not patentable. 
e. whether the inventor or the person further receiving the 
right of the inventor shall or shall not be entitled to 
the patent of such inven~ion: 
f. whether such invention contravenes the rules and 
regulations. public order and morality. IP /N/lIIDNIPIl 
Page 200 
Article 57 
(1) Substantive examination shall be conducted by the Patent 
Office wi thin 24. (twenty four') months as of the date of 
receipt of the application letter for substanth'e 
examination. 
(2) Wi th in the t ~ilie frame referred to i il parRgraph (1) t r:c~ 
Patent Office shall decide whether an invention for which 
patent has been requested shall or shall not be granted a 
patent. 
CHAPTER IX 
DECISION TO GRANT OR REFUSE A PATh-Vr 
Article 58 
Patent Certificate 
(1) If based on the result of the substantive examination It 
IS concluded that an invention for which patent has been 
requested shatl be granted a patent. the Patent Office 
shall issue a Patent Certificate to the patent Rpplicant. 
(2) If the patent applicant is a Patent Consultant as the 
attorney. a copy of the,letter of delivery as well as 'f\ 
coPy of the Patent Certificate referred to in paragraph 
(I) shall be given to the ,inventor or (he person entitled 
to the invention. Article 59 
Date of Grant IP/NI1 IIDNIPIl 
Page 201 
(1) A patent shall be deemed to be granted on the date the 
Patent Certif~cate recorded in the Patent Rolls and 
thereafter shall be announced in the. Patent Official 
Gazette. 
(:2) The Patent Certicate shall contain: 
a. the patent number: 
b. title of the invention: 
c. name and address of the patent holder: 
d. name of the inventor: 
e. date of filing of the patent application and number of 
the patent application: 
f. name of country or countries in which the Patent 
Appl icat ion has been filed, In the event the 
application is filed with priority rights. 
g. date of grant of the patent. 
Article 60 
Contents of Patent Certificate 
In addition to the information concerning matters referred to 
in Article 59 paragraph (2), the Patent Certificate shall be 
accompanied with patent document containing : IPINIlIlDNlP1 1 
Page 202 
8:'. the symbol or code in accordance with the classificatiGn 
determined in the International Patent Classification: 
b. date of announcement of the patent application; 
c. full name and address of the Patent Consultant. if any: 
d. abstract: 
e. the claim and ttle description; 
f. drawings. if any. 
Article 61 
Recordation And Announcement. 
(1) The Patent Ofi ic'e shall record in the.: Patent Rolls e':L!l 
patent which has been granted \';hich shall conte:(: 
matters as referred to in Article S9 parc\grRph ('~) t'\r;cl 
Article 60 lelcers a. band c. 
(2) The Patent Office shall ann6unce each patent which hs~ 
been grarited in the Patent Official Gazette which sha! l 
contain matters as referred to in Article 59 paragraph 
(2) and Article 60 letters a. b, c and d. 
Article 62 
Public Inspection And Excerpt 
( 1) .'\.ny person may inspect the Patent Rc! is Dnd may obtain 
an excerpt therefrom by paying a fee the amount of which 
shall be determined by, the Minister. 
(2) .t\ny person may obtain a copy of the patent documents by 
pa'ying a fee the amount of which shal t be determined by 
the ~{inister. CHAPI'ER X 
APPLICATION FOR EXTENSION OF PATENT PERIOD 
Article 63 
Requirements IP/N/1/IDNIPIl 
Page 203 
(1) The period of a patent may be extended for two years by 
submitting a written application to the Patent offic2 
with.in l~ (twelve) months and at least 6 (six) months 
before the expiry of the patent along with a fee the 
alllount of which ancl manner of payment there[or shall be 
determined by the ~inister. 
(~) The application [or extension of the patent period as 
referred to In paragraph-Ill shall include written 
evidence of matters referred to in Article 43 paragraph 
(I) letter b of the Patent Law . 
. '\ r tic 1 e 6-+ 
Approval and Rejection 
(1) The Patent Office shall grant the extension of the P?tent 
period if the requirements referred to In Article 63 
paragraph (1) are fulfilled and verification thereof has 
been received the Patent Office. 
(2) The extension of the patent period referred to In 
paragraph (1) shall be granted prior to the date of 
expiry of the' relevant patent period. IPIN/1IIDNIP/1 
Page 204 
(3) Further provision concerning the procedure for 
application of extension of a patent period, form and 
notification of such extension or the rejection thereof 
shall be regulated by the Minister. 
CHAPrER XI 
CANCELLATION OF PA~r 
Article 65 
Except ion 
Pro\-isions concerning cancellat ion of parent due to rease,ns 
as referred to in Article 94 paragraph (1) letter a of lhe 
Patent Law shall no~ apply if the non-performance or ·non-I.~.3e 
of a patent in Indonesia is related Wilh The rejection of a 
permi t to manufacture or market products of the relen'..i1t 
patent in Indonesia. 
_Art i cl e 66 
(1) The implementation of a certain patent outside th~ 
territory of the Republic of Indonesia shall be deem~d 
as a ful fi llment of the obl igation to j mplement (1 pEltenl 
1n Indonesia as referred to in Article 18 of the Patent 
Law provided that : 
/0.. the product ---IP/N/lIIDN/P/I 
Page 205 
a. the products of the relevant patent are marketed In 
the territories of the Republic of Indonesia and 
neighbouring countries: and 
b. in order to determine economic feasibility. a specific 
reglon must be used as a market unit. 
(2) An): decision regarding matters referred to in paragraph 
(1) shall be made by the Minister based on a written 
application by the Patent Holder after considering the 
data and reasons included in such application and after 
hearing the considerations of the Minister or any other 
Government Official whose duty and responsibility include 
the relevant field of patent. 
CHAPTER XI I 
TRANSITIONAL PROVISIONS 
Part One 
Refiling of Patent Application ~nich Has Been Registered 
Pursuant to Government Announcement of 1953 IP/N/l/IDNIP/l 
Page 206 
Article 67 
Selection 
.-\ patent appl icat ion 'has bBen fi led pursuant to GovernmC:llt 
Announcement of 1953 and which has been received end 
registered at the Patent Office between August 1. 1981 unl i 1 
November 1. 1939 may be iefiled to the Patent Office pursuant 
to provision of the Patent Law. from August 1. 1991 unt i l 
July J1. 1992. 
Part 2 
Adjustment of Implementation 
Article 68 
( L) Wit h due 0 b se r van c e tot he 5 pe cif i c i 11 t e r F r e t Et t ion an (1 
patent applicacion process as referred to In this 
Government Regulat ion, the appl icac ion of the 
proViSlons concerning restriction or basis of evaluation 
to determine the novelty of an invention must be 
adjusted in processing the paten~ application as referred 
to in Article 67. 
( 2) In addition to matters concernIng novelty, 
provisions regulated In the Patent Law and the 
this 
Government Regulation'shall prevail with respect to 
Patent applications as referred t9 in Article 67. 
/Article 69 ---Article 69 
Requirements IP/N/1/IDN/P/1 
Page 207 
(1) The filing of a patent application as referred to In 
Article 67 may be accepted provided 
a. all prOVISlons regulated under 
Regulation are fulfilled; this Government 
b. a certified copy of the receipt of patent registration 
application based on Government Announcement of 1953 
is attached thereto; 
c. the description which has been filed at the time of 
registration of the patent application as referred to 
in letter b is not modified; 
d. a copy of the Patent Certificate along with the 
relevant patent documents are enclosed. in the event a 
patent has been granted by the Patent Office In 
another country, if any. with respect to such 
invention. 
(~) If the provisions referred to. paragraph (1) are 
fulfilled. then the relevant patent application shall be 
given a date of filing which shall be the same date as 
the date of filing of the patent registration application 
which has been filed pursuant to Ciovernment Announcement 
of 1953. IP/N/lIIDNIPIl 
Page 208 
Article 70 
(1) If the patent application as referrerl to in Article 67 is 
not filed until July 31. 1992. such patent applicacioo 
shall be deemed as withdrawn. 
(2) If the refil.ing of a patent application IS only recei'fed 
at the Patent Office after July 31. 199'2, such palent 
application shall be rejected. 
(3) The Patent Office shall notify the rejection referred to 
In paragraph (2) in writing to the patent applicant 
within 30 (trlirty) days as of the date of receipt of che 
patent application which has exeeded the [lme limit of 
July 31, 1992. 
.-\r tic le "7 1 
(1) If due to a~lY reason the substanti\'-e examinat ion of n. 
patent applica.tion as referred to in Article 67 IS IiOl 
completed. whilst the patent period referred to In 
Article 9 of the Patent Law will or has been exeeded and 
the result of such examination later concludes that the 
invention for whi~h patent has been-requested be granted 
a patent 1 therefore. the relevant invention may be 
granted a patent for the' extension period of 2 (two) 
years. 
(2) The period. referred to in' paragraph (I) shall not be 
further extended. IP/N/IIIDN/P/l 
Page 209 
(3) The maintenance. fee or annual fee for the patent which 
has been granted as referred to in paragraph (1) must be 
paid 1n one lump sum for the whole period in the manner 
as regulation by the Minister. 
Part Three 
Opportunity To File Patent Application For An Invention of 
\\11ich the Novelty Expires between November 1.1989 until July 
31. 1991. 
Article :.2 
(1) An invention which has been produced in Indonesia and 
( ~ ) announced In an official exhibition nationally or 
internationally or acknowledged to be official, of which 
its novel ty has expired between ~ovember I. 1989 unt i 1 
July 31, 1991. may be granted a patent if a patent 
application therefor has been filed between August 1. 
1991 until ·January 31, 1992. 
Wi thout prejudice to the requirements In Article 4 and 
Article 5 . a patent application as referred to In 
paragraph ( 1 ) must be accompanied wi th a certified 
statement· of participation In an exhibition which 
should include the time of such exhibition. 
(3) If the patent application referred to in paragraph (1) 
IS filed after January 31, 1992. such patent application 
shall be rejected by the Patent Office. IP/N/lIIDNfP!l 
Page 210 
(4) The rej~ction referred to in paragraph (" shall be 
notified immediately by the patent Off;..;e to the person 
filing the patent applics cion. 
PfiT( Four 
Opportun-i t.r To File Patent Applicatian For Patent 
ApPlications Filed Overseas Which the priority Period Has 
Exp i red Be twecn November 1. 1989 unt i 1 Ju ly J 1, 1991 . 
. -\r tic 1 e 7 J 
( 1) ,u.. patent apr1 icat ion which has been fi I ed for the .f j [st 
time 10 D.!\other country and the priority period of 
w h i c h 11 a sex Cl ire d bet wee n :':0 ve m be r 1. 1 9 S 9 u n t i 1 J u 1 y J 1 . 
1991. may file El patent application in In~onesia as from 
August 1.1991 until January' 31.199:2, 
( 2.) The f i 1 i n g 0 f the pa ten tap p 1 i c El t i 011 as re fer re cl t 0 1 n 
paragraph (1) shall be made with due observance to che 
prO\'lSlOnc; cOllcerning patent applications with prlOflC\' 
right as referrell to in Article 42 until Article 45. 
(3) The date of fi ling of a patent application for a patl.:nt 
appl icat ion as referred to in parag-[ci'pc (1) shall be '. ;18 
date of completion of documents of tle relevant pai. :ilt 
application. 
IPar t Five ----Part Five IP/N/1fIDNIPI1 
Page 211 
Patent Application Filed OVerseas 'Of Which the Priority 
Period Expires Between August 1, 1991 until September J.O, 
1991 
Article 74 
A potent application which has been filed for the first time 
in other country and the priority period of which has expired 
between August 1, 1991 unti 1 September 30, 1991, shall })e 
given the opportunity to file a patent application at the 
latest unti t October 31 t 1991. 
CHAPTER XI I I 
CLOSING PROVISIONS 
Article ,5 
Effective Date 
This Government Regulation shall be effective as of the date 
of its enactment. IPINIl/IDN/PIl 
Page 212 
In order for every person to be knowledgeable of this 
Government Regulation. it is hereby ordered that the 
enactment of this Government Regulation shall be set out In 
the State Gazette of 'the Republic of Indonesia. 
Enacted in Jakarta 
June 11! 1991 
MINISTER/STATE SECRETARY 
OF THE REPUBLIC OF INDONESIA 
(signed) 
MO E'R D ION 0 Ratified in Jakarta 
on June I 1. 1991 
THE PRES I DENT 
OF TIlli REPUBLIC OF INDONESIA 
(signed) 
S 0 E H ART 0 
STATE GAZETTE OF THE REPUBLIC OF lNOOl'mSIA YEAR 1991 l'I1.RwfBER 42. Directorate General of 
Copyright, Patent, and Trademark 
Ministry of Justice IPIN/lIIDNIP/l 
Page 213 
PATENT SUBSTANfIVE EXAMINATION APPLICATION FORM 
[/we* ) 
Add re~;s 
Te I ephonl! 
(j/jng/procus:'iing the: rjlin~ or) the patent di)piicdlion 
unde r: 
Registration Number of 
Patent Appliciltion 
Ti t le of Invent ion 
................................................. 
hereby request for a sub~;ti1nt, vc cxarnin~t lml tu ~)C: c,\.mcluc'.t.:C: 
on such patent IP/NI1 IIDN/P!1 
Page 214 
l/We herewith encLose the evidence of payment for 
substantive examination. 
This applicJtion is ,Submitted in o.i.-der to l)e further 
processed. 
. . .. . . . . . ... , .,....................... .. 
App 1 i can t . 
(s ign) 
~otc Direct9rate of Patent 
Directorate General of 
Copyr i gh t, Pa ten t, and Tr ademar k 
Ministry of Justice IPINlllIDNfPll 
Page 215 
APPL fCATl ON FORM FOR cx)PY OF PATENT DOCUMENTS AND OR EXCERPT 
FRQ\f PATENI' ROLLS 
[/we*) : 
Name 
Occupat ion 
Address 
Telephone 
·herewi th submi t an appl teat i.on for Cl CO[1.V of patenl documents 
nnd or excerpt from the Patent Raj ,*) as follows : 
-Copy of Patent Documents . 
Country Number 
. . .. . . . . .; . . . . . . . . . IP /N/1/IDNIP /1 
Page 216 
-Excerpt from the Patent Roll or patent tmder number: 
I/We herewith enclose the eV'iuencl! of payment [or ~hc 
aforesaid purpose, 
Th; S flppl icat ion IS submi l ted i i1 tnc.!er to be 
processed. 
,",pp t .i canL , 
signee. 
Note l'u1'. h, .. '" J J 1 __ : IP/N/l/IDNlPll 
Page 217 
DECISION OF THE MINISTER OF JUSTICE 
OF THE REPUBLIC OF lNOONESIA 
NUMBER : M -Ol.HC.02.l0 YEAR 1991 
CONCERNING 
SIMPLE PATENT 
MINISTER OF JUSTICE OF THE REPUBLIC OF lNOONESIA 
Considering that it is deemed necessary to regulate further 
provisions concernIng Simple Patent as the 
implementation of Article 113 of Law Number 6 
Year 1989 concerning Patent. 
In view of 1) Law Number 6 Year 1989 concernlng 
(State Gazette Year 1989 Number 39. Patent 
Supple-
ment to the State Gazette Number 3398); 
2) Decision of the President ~umber 15 Year 1984 
concernIng 
Departments 
lastest by 
Number 32 
Justice; the Organizational Structure ·'of 
as amended several times, the 
the Decision of the President 
Year 1988 for the Ministry of 
\3) Decision ---IP/N/IIIDNIPIl 
Page 218 
To enact 3) Decision of the Minister of Justice of the 
Republic of Indonesia Number M.02.PR.07-10 
Year 1989 concerning Organization and Work 
Procedure of-the Ministry of Justice. 
o Eel 0 E S 
DECISION OF THE MINISTER OF JUSTICE OF T'HE 
REPUBLIC OF INDONESIA CONCERNING SIMPLE PATFHr. aJ.APTEl{ I 
GENERAL PROVI S IONS 
Article 1 
Under this decision IP/N/l/IDN/P/1 
Page 219 
1. Description or disclosure of invention sha-ll 
mean a written explanation on the way of 
carrYlng out the invention which may be 
understood by persons skilled jn the aft. 
2. Claim shall mean the description of the 
mat ter or subject mat ter of the invent ion 
for which lega! protection In the form of H 
patent js sought. 
J. Drawings shall mean tecrmical drawings of (in 
invention which contain sIgns, symbols. 
letters, numbers. fiowcharts, or diagrams 
which il Justfclte the parts of the invention. 
4. Abstract shall mean a brief description of 
the invent ion which const j tutes a surilmary or 
the description, claims and drawings. IP/N/1/IDNIP/1 
Page 220 
ClIAPTEX 11 
REQUIREMENTS FOR FILlOO A SIMPLE PATENT APPLlCATlOO 
Article :; 
(1) A simp[e patent appiication shalt be filed 
by fil ling out an appljcatlon form which 
contains: 
a. datt, month, and year oi" Lhc appJ ica-
Lion; 
b. fu i 1 nc:une and address 0 f the app 1 i can l ; 
c. full name and nationality of the Inven­
tor: 
d. fu i 1 name and addres~ er tov patent 
consu; :"d.nt. if. a paten~ <J.ppl icat ion IS 
,. "1 . I j cC by Cl Patent Consullant: 
e. ~illE: or invention; and 
f. type of patent requested. 
(2) t\ simple patent app~icat;on RS refl!fred to 
in paragraph (l) shell I be accompanied wl th 
the f 0 1 low i ng : 
a. description of the""invention~ 
b. a claim of the invention; 
c. one or more drClwings mcnlioncd In the 
description and required for explana-
tion; 
d. abstract; IP INI1IIDN/P/1 
Page 221 
e. a power of attorney if 
application is filed by a the patent 
Patent Con-
suI tant ; 
f. an assignment from the inventor(s) or 
the person(s) entftled to the invention. 
if the relevant patent application IS 
not filed in their name. 
(J) Unless otherwise proVided, the description, 
claim. drawing(s), abstract. and other 
patent application documents shall be filed 
in t ri pI i ca t e . 
(4) The form and contents of such patent appli-
cation form as referred to 
(1) shall be determined by 
Office. 
Article 3 in paragraph 
the Patent 
(1) The requirements concerning novelty, inven­
tive steps. and applicability in industry 
as defin~d for patent as conditions to 
obtain a patent shall also apply for the 
grant.ing of a simple patent. 
(2) The fee for the application and examination 
of a simple patent shall be paid at the 
same time the relevant simple patent appli­
cation is filed. IP /Nil IIDNIPIl 
Page 222 
(J) The amount of the fees referred to in 
paragraph (2) shall be determined by the 
Minister of Justice. 
Article 4 
This Decision shall be effective as of the date 
of its enactment. 
Enacted In JaKarta 
on July 31. 1991 
(Official stamp of MINISTER OF JUSTICE 
the Minister .of OF THE REPUBLIC OF INDONESIA 
Justice of Republic 
of Indonesia) (signed) 
ISMAIL SALEH SH DECISION OF TIIE MINISTER OF JUSTICE 
OF TIIE REPUBLIC OF INOONES IA 
NUMBER : M -02.HC.02.10 YEAR 1991 
CONCERN I NCl 
THE PATENT PUBLICATION IPIN/1IIDNIP/1 
Page 223 
MINISTER OF JUSTICE OF TIlE REPUBLIC OF lNOONESIA 
Considering that In order to expedite and Improve 
information service to the public, it is deemed 
necessary to regulate rules concernIng the 
announcement of patent, as the implementation 
of Article 54 and Article 65 the Law ~umber 6 
Year 1989 concerning Patent. 
In Vlew of 1) Law Number 6'Year 1989 concernIng Patent 
(State Gazette Year 1989 ~umber 39, Supple-
ment to the State Gazette Number 3398); 
2) Decision of the President Number 15 Year 1984 
concerning The Organizational Structure of 
Departments, as amended several times, the 
lastest by the Decision of the Presiden: 
Number 32 year 1988 for the Ministry of 
Justice. IP/N/l/IDN/P/l 
Page 224 
To enact J) Decision of the Minister of Justice of the 
Republic of Indonesia ~umber M.02.PR.07-10 
Year 1989 concern Ing t he Organ i 'la t i Ofl and 
Work Procedure of the ~Iinistry of Justice. 
DECIDES 
DECISION OF THE MINISTER OF JUSTICE OF TIIE 
REPUBLIC OF 
PUBLICATION. lNOONESIA CONCERNING TI-IE PATENT 
Article 1 
(1) The publication of a patent BDplication 
s ha I 1 con t a in: 
a. pub 1 i cat i on nu m th~ [ 0 f pat en t a PI'! i ca -
tion; 
b. patent appl icat ion nUlnber; 
c. priority application number. if any: 
d., filing date: 
e. publication date of patent application: 
f. name and address of applicant : 
g. name and address of Patent Consultant. 
if any: 
h. name of inventor: 
1. title of inventioll: 
J. abstract; and 
k. drawings. if any. IP!N1l IIDNIPIl 
Page 225 
(2) The application' of a simple patent shall 
not be published, however, shall be tlubject 
to an immediate substantive examination. 
1\r tie 1 e '/ 
The publ icat ion of a patent which ha'; been 
granted shal I contain: 
8. p-atent app;icatiun number; 
b. priority application ilUiIlber, if (my: 
c. paten~ number; 
<1. f i J j ng dd Le; 
e. publ ieat ion date oC patent appl ient. Ion; 
r. name and address 0 r pa t en t ha 1 de: r; 
g. name and address or the patent consu 1 tallt, 
if any; 
h. name of inventor; 
1. titte of ir.venLion; 
J. dbstr~et; dnd 
k. cfClwing, if' Jny. 
Art~cle J 
The publ icat ion of the [~ject )on of a p.JtCllL 
appl iCJ.t iOll sha: J contain: 
(1, palt'nt application number; 
b. f i ~ i ng da t e ; IP/NIl/IDN/PIl 
Page 226 
c. tit 1 e of' invent ion, and 
d. name and address of the applicant(s). 
Article 4 
The publtcation of an approval or rejection of 
an application for extensioq of the patent 
protection period shall contain: 
a. patent number; 
b . f i 1 j ng da t e ; 
c. date of granting of a patent; 
d. title of invention; and 
e. name and addre0s of patent h" I (le r ... \.....1... 1. 
,\r tic le 5 
The publ.ication of the mUL.lLiol1 uf J. patent 
sha t.r contain: 
Cl. patt'nL number; 
b. filing date and date of granting of patent; 
c. title of invention; 
d. reasons for mutation; 
e. name and address of ini t iU.l patent ha ider; 
f. name and address.of the new patent holder; 
/ Ar tic 1 e 6 ---JP INIlIIDNIPIl 
Page 227 
Ar·t ie le 6 
The publication of the licensing of . a patent 
shall contain: 
a. patent number; 
b. date of gran t ing of patent: 
e. tit le of invention; 
d. name and address ·of !.he patenl holder: 
e. name and addrl'ss of license hoidec; 
r. type of 1 iccnse; and 
g. information. 
Article 7 
The publication of a court judgement HI 
connection with a patent shall contain: 
a. number and date of the. court judgement; 
b. contents of the court judgement; 
c. patent number; 
d. filing date and date of grant ing of patent 
e. name and address of patent holder; 
f. title; and 
g. information. IP /N/l/IDNIPIl 
Page 228 
c. title of invention, and 
d. name and address of the applicant(s). 
Article 4 
The publication of an approval or rejection of 
an application for extension of the patent 
protect ion per icxi shall contain: 
a. patent number; 
b. f i 1 i ng date; 
c. date of gran (ing of a patent; 
d. t j t 1 e of j n ,; e n t ion; and 
e. name and add cess r 01 patent h" I de-..v 1 i. 
,\r lie ~ e 5 
The publ.lcal ion of the mutdtion uf il patent 
s ha l.t con t il in: 
a. patent number; 
b. fi 1 i ng date and date of grant lng of patent; 
c. title of invention; 
d. r~asons for mutation; 
e. name and address of initial patent holder; 
f. name and address of the new patent holder; 
/Iu: l i c 1 e 6 ---Article 6 IP/N/lIIDNlPll 
Page 229 
The publication of the licensing of a patent 
shall contain: 
El. patent number; 
b. date of granting of patent; 
c. tit 1 e of invention~ 
d. name and address of the· pa t (: n l ho J der: 
c. name and actd n:ss of license hoider; 
r. type 0 f 1 i cense: and 
g. information. 
Article 7 
The pubt icat ~on of a court judgement 
connect ion wl th J. patent shall contain: 
El. number and date of the court j~dgcmenl; 
b. contents of the court judgement; 
c. patent number; 
U. f i 1 ing date and date of granting of patent 
e . name and address of patent holder; 
f . titlej and 
g. information. IPlNlIlIDNfPII 
Page 230 
Article 8 
Th!: pu b i i c Cl: ion of a wi thdr;.nvn 
application or an invalidated patent srw!l 
contain: 
(1. patent .appl ical ion number or patent llUi:1b<:.:r: 
b. f i 1 i ng da t c ; 
c. tjtie; 
d. name of patent. apPLicant or patent holdl:r~ 
dnd 
L'. reasons for w il hd rawa 1 0 r j nva lid,: 1.1 on. 
Article 9 
(i) The publjcation as referred to in ArticlL: J 
and Art i cl c 2 sha 11 be performed by the 
Patent Office ') 1 d.e in {l I t'; same OIl 
announcement boards at the Patent Office as 
weil as in the Patent Official O(t"t:e~te; 
(2) The publication as· referred to in Artic~e J 
until Article ~ ~hal; be perf'ormed l-'Y t:1C 
Patent Office by placing them jn t~)C p(llen~ 
Official Gclz(:·tte: 
(3) Further informalion conccrnlng tIle i'~uu~nt 
application which has been put,~j~h(,(l <lllci 
patent which has been granted C(lO be 
obtained from t:le Patent o.'·r~Cl:. Article 10 IP/N/1/IDNlPll 
Page 231 
This Decision shall be effective as of the date 
of its enactment. 
(Of f i cia 1st amp 
of thE! Minister 
of Justice 
of the Republic 
of Indonesia) Enacted In Jakarta 
On Ju 1 y 31. 1991 
MINISTER OF JUSTICE 
Of THE REPUBLIC OF INOONESIA 
signed 
I SMA I L S.I\LEH SH IP/N/lIIDNfPll 
Page 232 
DECISION OF 'mE MINISTER OF JUSTICE 
OF TIlE REPUBLI C OF INDQNE5 lA 
NUMBER : M.04 -HC.02.10 YEAR 1991 
CONCERNING 
THE REQUIREMENTS, TIME FRAME, AND PROCEDURE 
TO PAY PATENT FEES 
THE MINISTER OF JUSTICE OF THE REPUBLIC OF INDONESIA 
Considering 
In view of a. that in order to expedite and improve serv­
Ice to the publ ic in the fie Id of patent, it 
IS necessary to set the rule concernIng 
the requirements 1 time frame, and proce-
dure to pay patent fees as the implementa­
tion of Article 114 of Law ~umber 6 Year 
1989 concerning Patent. 
b. that based on the consideration 1n letter a. 
it is necessary to stipulate the Decision of 
the Minister of Justice of the Republic of 
Indonesia concerning the Requirements. Time 
Frame, and Procedure to Pay Patent fees. 
1. Law Number 6 Year 1989 concerning 
(State Gazette Year 1989 Number 39, 
ment to the Gazette Number 3398); Patent 
Supple-IP/N/lIIDNIPIl 
Page 233 
2. Government Regulation Number 34 Year 1991 
concerning the Procedure of Pa tent Appl ic;a­
tion (State Gazette Year 1991 Number 4~. 
Supplement to the Gazette ~umber 3444); 
J. Decision of the President Number IS year 
1934. concerning The Organizational Structure 
of Departments as amended several times. tile 
,i ""to lastest by the Decision of the President 
Number 32 Year 1939 for the \1 in i 5 try of 
Justice; 
Decision of the President Number 29 Year 1984 
c'oncerning Implementation of ~;at ional Incofl:'~ 
and Expenditure Budget: 
5. Deci~ion of the Minister of Justice of t ) ',,:. , ,-
Repub 1 ic of Indones ia Number .M. 02. PR. 0:-1~': 
Year 1989 concerning the Organizatif..)n a;:,_~ 
Work Procedure of the Ministry of Justice. 
With due observance to 
Approva l of Minister of Finance ~umber S. 9')7 
MK.013/1991 dated August 30, 1991 concerning tl!e 
}v~anagement and Amoun t of Pat C~j t Fees. 
D Eel DES JP INIlIIDNIPIl 
Page 234 
To enact DECISION OF THE MINISTER OF JUSTICE OF THE 
REPUBL I C 0 f I NOONES I A CONCERN I 1'KJ TIffi REQU I RE­
MENTS I TIME FRAME, AND PROCEDURE TO PAY PATENT 
FEES. 
Article 1 
The payment of patent fees shall be done by fi 11 ing out In 
ad\-ance the related forms provided by the Patent Office. 
Article 2 
The pa:'ment of patent fees as referred to In Article 
shall be made directly and in cash to the Patent Office which 
shall thereafter be deposited to the \ational Treasury, 
Article J 
The payment of the patent application fees shall be made at 
the time the relevant patent application is filed. 
/Article 4----Article 4 IP/NIl/IDNIPIl 
Page 235 
(1) The payment of substantive examination fees shall be made 
at the time the r~levant patent substantive examination 
application is submitted. 
(2) A patent application containing more than 10 (ten) claims 
shall be subjected to.additional fees which must be paid 
to the Patent Office not later than the time the patent 
substantive eXAmination application is submitted. 
(3) If the additiof,al fees as referred to in paragraph (2) IS 
not paid timely, substantive exami:lation shall not be 
conducted on lhe additional claims and only the first 10 
(ten) claims wi 11 be examined by the patenL examiner. 
:\r tic le 5 
The payment of fees for the application and substanti·f(.~ 
examination of a ~;jmple patent application shall be paid 10 
full upon the submission of such patent application. 
Article 6 
(l) The payment of fees for the change l.n type of patent 
appl ication shed 1 be made upon the submission of st:ch 
application for change. IP/NIl/IDNIPIl 
Page 236 
(2) In addition to the fees as referred to in paragraph (1), 
an applicant who submits an application for change in his 
patent app'lication to a simple patent application, must 
pay the fee for substantive examination of a simple 
patent upon the submission of the relevant appl icat ion 
for change in the type of patent application. 
(3) In addition to the fees as referred to in paragraph (1). 
an appl ieant who submi ts an appl icat ion for the change of 
his simple patent application to become a patent applica­
tion. must pay the. patent substantive examination fees at 
the latest upon the submission of the relevant applica­
tion for patent substantive examination. 
Art i c 1 e 7 
The payment of the fees for appeal against the result of a 
patent substant ive examinat ion ShEd I be made upon the submis­
sion of such appJ ication of appeal. 
Article S 
(1) The first pay'ment of the annual patent fees shall be made 
no later than 1 (one ) year as of the date the patent IS 
granted. 
(2) Each subsequent payment of the annual fees shall be made 
no later than the same date the patent is granted. IP/N/l/IDNfP/l 
Page 237 
(3) The payment of annual fees after the time limit referred 
to in paragraph (2), shall be subjected to an additional 
fee of 25 % (twenty five percent) of the fees payable for 
the relevant year. 
(4) The late payment of annual fees as referred to 1n para­
graph (I) shall be notified in writing by the Patent 
Office within 7 (seven) days after the stipulated time 
frame to the relevant patent holder. 
(S) The non-receipt of the notification as referred to in 
paragraph (4) by the person concerned shall not detract 
the obligation to par annual patent fees. 
Article 9 
(I) I f payment of the annual patent fees as referred to 
Article S are not paid for J (three) consecutive )'ears. 
the patent shall be deemed to have expired as from the 
date of the time limit of the obligation to pay for the 
third year. 
(2) The invalidation of a patent due to the non-payment of 
annual Patent fees for 3 (three) consecutive years shall 
not detract the obligation of the patent hold~r to settle 
the fees payable for such outstanding years. 
/Articie 10 ---IP/NI1 IIDNIPIl 
Page 238 
Art i c!'e 10 
(1) The payment of registration fees for the recordation of a 
patent licence agreement shall be made upon filing the 
application for registration of the relevant patent 
license agreement. 
(2) The first payment of the annual license fees shall be 
made no later than 1 (one) year as from the date of the 
recordation of the patent license agreement. 
(3) The subsequent payment of the license fees shall be made 
no lRter than the same date of recordation of the patent 
license. 
(4) If the license fees are not paid within the time frame as 
specified in paragraph (2). the recordation of the rele­
vant patent license agreement shall be deemed as invalid 
by the Patent Office. 
(5) Payment of the annual I icense fees may be ,made in advance 
for several years. 
Article 11 
Payment of the application fee for the Previous Inventor 
Certificate shall be made upon submission of such applica­
tion. 
/Article 12 ---Article 12 IP/N/lIIDN/P/1 
Page 239 
(1) Payment of the application fee for extension of the 
patent period shall be made upon submission of such 
application for extension, and at least 6 (six) months 
before the expiration of the patent period. 
(2) If the application fee for the extension of the patent 
pe r i od 1 S no t pa i d wit hi n the time frame s pe cif i eel 1 n 
paragraph (1). such application shall be rejected by the 
Patent Office. 
Article Ll 
P.J.yment of the fees (0 obtain a priority cercificate shaJ 1 bc' 
made upon the submission of such application. 
Ar tic le 14 
Payment of the application fees for an Official Statement to 
obtain a sample of a micro-organism shall be made upon the 
submission of such application . 
. Ar tic 1 e 15 
Payment of the application fees for the recordntion of the 
transfer of a patent shall be made upon the submission of 
such application. IP/NIl/IDNIPIl 
Page 240 
Article 16 
Pa;.rJnent of the appl icat ion fees for copIes of patent docu­
ments or excerpts from the Patent Rolls shall be made upon 
'submission of such application. 
Ar tic 1 e 17 
Patent fees that have been paid cannot be withdra',l,ll. 
Ar tic 1 e 1 S 
The Clmuunt of the fees as referred to in Article un t i I 
Article 16 shall be as contained in the enclosure of this 
Decision. 
Ar tic 1 e 19 
The patent fees as contained in the attachment of this Deci­
S10n shall be periodically reviewed in accordance with the 
situation. Article 20 IP/N/1/IDN/P/1 
Page 241 
This Decision shall be effective as of August 1. 1991. 
(Official stamp 
of the Minister 
of Justice of the 
Rcpub 1 i C 0 f 
Indonesia) Enacted in JaK8rta 
on September 18, 1991 
MINISTER OF JUSTICE 
OF THE REPUBLIC OF P·,'IX)"'TS 1.-\ 
( signed ) 
ISMAlL SALEH SH IP /N/lIIDNIPIl 
Page 242 
Enclosure of the Decision of 
the Minister of Justice 
Number 
Dated M.04 -HC.02.10 Year 1991 
September 18, 1991 
No. Types of Fees 
1. Patent Application 
-Patent 
-Simple Patent 
Refiling of Patent Application 
-Patent 
-Simple Patent 
3. Patent Substantive Examination 
-Patent 
-Simple Patent 
4. Additional Fee for Each Claim 
Exceeding 10 (Ten) Claims Amount (Rp) 
5. 
6. Change in Type of Patent Application 
Appeal Application 
7. Application for Previous 
Inventor Certificate Remarks 
200,000 
100,000 
100,000 
50,000 
750.000 
300,000 
25.000 
50,000 
250,000 
500,000 8. Appl"ication for 'Extens.iOh of Patent 
Protection Pe-rioo 
9. ApplicatiGn for Priority ·Cert-ificate 
10. Application for Official Statement to 
obtain sample of Micro-org8ni~m 
11. Application for Recordation of Assignment 
of Patent 
12. Registration of Recordation of Ucense 
Agreement or Compulsory License 
13, .Annual Fees of License or Compulsory 
License 
14. Application for Excerpt from Patent 
Ra lIs 
15. :\pplication for copy of Patent Document~3 IP/N/1/IDNIPI1 
Page 243 
50.000 
25,000 without 
enclosure 
25.000 
50,000 
50,000 
50,000 per year 
2~.000 
1 .000 per page IP/NI 1 IIDNIPI 1 
Page 244 
16. Malntanance Fee for Patent 
a. Year (fHst year aft er the patent grant) 
b. Year 2 (second year after the patent grant) 
c. Year J ( t h i rd year after the patent grant) 
d. Year .:) (fourth year a fl er the patent grant) 
c. 'r'eflr :; ( f i f t h year a.fter the patent gran t ) 
f. Year C, ( SIX t h year after the patent grant) 
~. Yeur ~ (6eventh year aft er I he patent grant) 
h. \' ea:' !:; (e igth year after the patent grani ) 
'!eu:" 9 (ninth yefl.;-afte:-the patent f,rar.T.) 
J . ~ ea!' I" " 'tenTh .\ eh r a.fter t ht· paten; f:rant) 
,. '(' e2. r 1 i (ele\enth year &. [( er the patent f!!'ant) r.... 
1. Year 1 :, rtl"elfth year aft er the pat~nr grant) 
it: . ~ ear I: t thirteenth ycur after the pa t:': 11 t grant) 
.. Year \ ... ( fourtt;cr.tr. year after the pa(t.!11: ¥ran,) 
C'. , ear I 5 ( lifreenth year sf t er-the pa t e:1, ,..,:rant) AJUount (Rp) 
Basic Fee Add. Fee for 
each claim 
100.000.- 10.000.-. 
120.000,- 20.0DO,-
150.000.- 50,000.-
180.000.- 80.000,-
220.000.- 110.000,-
270.000,- 170.000.-: 
330.000.- 230.000,-
400.000.- 300.000.-
4~0.(\OG.~ 3:iO.00O.-
580.00( .- <!.:.O.OOO,-
:OO.DOO.- (,00.000.-
S40.000.- 740,000.-
1,000.000.- snO.OOQ,-
1,200.000.- 1.C'4C.QOG.-
1,450.000.- 1.~OO.OOO.-
(Official stamp MINISTER OF JUSTICE 
0; the r>1 in i s t er 
of Justicf of the 
Repub 1 le of 
r n·jones i Cl ) Of rni~ REPUBLIC Of I~~KESIA 
(signed) 
I SM.~ I.L SPLEH SE DECISION OF THE MINISTER OF JUSTICE 
OF TIrE REPUBLIC OF INOONESIA 
NUMBER : M.06 -HC.02.10 YEAR 1991 
CONCERNING 
THE PROCEDURE TO FILE PATENT APPLICATIONS IP/N/lIIDNfPll 
Page 245 
11IE MINISTER OF mSTlCE OF TIrE REPUBLIC OF INOONESIA 
Considering: a. that as the implementation of Article 30 of 
Law Number 6 Year 1989 concerning Patent, it 
is necessary to regulate provisions concern­
Ing the procedure to file patent applica­
tions; 
In \rIeW of b. that based on the consideration in letter a, 
it is necessary to stipulate the Decision of 
the Minister of Justice concernIng the 
Procedure to file Patent Applications; 
1. Law Number 6 Year 1989 concernlng Patent 
'I i-. (State Gazette Year 1989 Number 39, Supple-
ment to the Gazette Number J~98); 
Decision of the President Number IS Year 
1984, concerning The Organizational Structure 
of Departments as amended several times, the 
lastest by the Decision of the President 
~umber 32 year 1988 for the Ministry of 
Justice; 
J. Decision of the Minister of Justice Number 
M.02.PR.07-10 Year 1989 concerning The Organ­
ization and Work Procedure of the Ministry of 
Justice; IP/NIl/IDNIPIl 
Page 246 
To enact 4. Decision ·of the Minister nf Justice Nuaber 
M.()4~.02.10 Year t991 concerning The Re­
quirements. Time Fraae. Md Procedure to Pay 
Patent fees. 
DECIDES: 
DfCISION OF mE l4tNISTER OF JUSTICE OF THE 
REPUBLI C OF tNDCrNESIA roNCElU>ZlNO PROC£OO'RE ro 
Fl LE PA1".ENr J..PPLl CAT! ONS 
Article 1 
Unoer lhis Decision : 
I. A description or disclosure of the invention sh6l1 mean a 
written ~~plan8tion on the WRY of carrying out the 
~ion which may be understood by persons skit1ed 
art. inven­
in the 
2 _ Clailll :shaH ~tlJl the de!cript ion of the. !!latter OT subject 
matter of the invention for which protection in 8 form uf 
a 'petent is sought. 
J. Drawings shall ~&l\ ti!'chnical drawings of an invent ion 
Which contains signs. symbols~ letters. nu.cabers. fIow­
eMIts t or di&grI"IlS which i llu.strate the parts of the 
invent ion. 
4. J.b.stract shall.4ft ,8 concise Sl.UL\mB.ry of the invent ioo 
which constitutes a summery of the 5ubject Gatter of the 
descrriptioo, claims, or dra"fltings. 
5. ~ic:r()-()Tp.ni~1D shall De&n an org&nin (living thing) which 
BY only be sun with the aid of 6 microooope. ( 1 ) CHAPTER 11 
REQUIREMENTS TO FILE A PATENT APPLICATION 
Article 2 
A patent application shall be filed by filling IP/N/1/IDN/P/1 
Page 247 
out an 
application form which contains: 
a. date, month, and year of the application letter; 
b. full name and address of the applicant: 
c. fu 11 name and nationality of the inventor; 
d. fu 11 name and address of the patent consultant. if 
a patent application is filed by a Patent Consu I tan t : 
e. title of invention; 
f. type of patent requested. 
(2) The patent application as referred to 1n 
shall enclose the following: paragraph (1) 
a. a description of the invention; 
b. claim(s) contained in the invention; 
c. one or more drawings mentioned In the 
which are necessary in order to explain; 
d. an abstract; description 
e. a power of attorney, if the patent Rpplication IS 
filed by a Patent Consultant; 
f. a letter of 'assi,gnment from the inventor(s) or ,the 
party entitled to the inven'tion, if the 
application is not applied in their/names. patent IP IN/1IIDNIP /1 
Page 248 
(J) Unless stipulated otherwise.. the description. ~laill, 
dI'AWing(s) and abstract .... and other . patent related 
application document~ shall be filed in triplicate 
copies. 
(4) 1l\e fona a.oo contents of the aw'ication fonD as cere-rred 
to in paragraph (it is.attached hereto •. 
Article 3 
(I) In li.ddition to the fulfi llment ()f the rf!qujre~nts. re~ 
fer red to in Article 2. an invention which has been 
published in Rn official eXhibition or in an eXhibiticn 
~hich is deemed to be official. shail enclose a 
CertificAt~ of Lxhibition·containing the date ef the 
exhibition of the invention. and the desclip.tion of such 
invention which has been certified by the organ i tef of 
the exhibition. 
(2) If the da(e ef exhibition of the invention is not in­
serted in the certificate, then th~ publication of the 
invent ion Vii 11 be deellilied to have been ude l!.S of the 
~ing date of the exhibition. 
(3) The certifjcate and description as referred to in para­
gr.aph (I» I!t\lst ~ submitted at .' the time the patent 
application is filed or at ·the latest J {three) months 
after the fi 1 jng date of the rApplicat ion. 
/Article .. ---Article 4 IPlNlllIDNlP1l 
Page 249 
The physical requirements for the presentation of the de­
scription, claim(s), abstract, and drawing(s) are as follow~: 
1. Only 1 (one) page of every sheet may be used to write the 
description, claim(s) and abstract, and to make the 
drawing(s). 
2. The description, claim(s), and abstract shall be typed on 
detached A4 size bonded paper (29.7x21cm) with minimum 
weight of 90 grams with the following margins: 
a. Top margIn 2 cm; 
b. Bot tom margIn 2 cm; 
c. Left margin 2.5 cm; 
d. Right margIn 2 cm; 
3. The A4 size paper referred to In point 2 shall be white 
in colour~ smooth, lustreless. and to be used by placing 
the short edges at the top and bottom (unless it IS used 
for drawings l . 
4. Each sheet of the description, claim(s), and drawing 
5. shall be numbered in sequence using arabie numerals at 
the top center and not at the top margin. 
On the left side of every sheet containing the descrip-
tion and claim(s), a line number must be placed at the 
side of every fifth line, which number shall start from 
the beginning for every new sheet and shall not be 
written on the left margin. IP!N1l IIDNIPIl 
Page 250 
6. TypinJ shflo 11 be in black colour with spacing of 1.5 
bet~een each line. with upright )ett~rs of which the 
mini~ height of the capital letters shall be 0.21 eG. 
7. Marts made by lines. cheaical or utheaatical formula and 
specific marks eaay be either writlen or dC81m* 
.8 • [)r awing (s ) sha Jl be made by us i n.g black ch i nese ink t on 
white. lustreless A4 sized paper with miniwum weight of 
100 grass with the foH~ing margins 
1i. iop margin 2.5" CID; 
b. Bot tom margin· 1 c:m~ 
~. Left aargin 2.5 cs; 
d. Right margin 1.5 om; 
9. All patent application docu~nts shall not be torn, 
foided. or ~ged. 
10. All teIminology used in the description. c2aiM(s), 
abstract, and drawing(s) must be consistent. 
<lfAPmt III 
Ml~ISM 
Article 5 
(ll For a patent applicatioo related with a micfo-organism, 
the require~nts referrea to in Article 2 must be 
fullfiled and a. cer'tificate of dewsit of lnictO-OI"ganism. 
whjch nas been issued by a recognized depository 
institution as referred to in the Budapest Treaty along 
with 2 (two) copie:s of SaDe mus.t be enclosed in such 
patent applicetion. IPIN/lIIDNIP!1 
Page 251 
(2) The 2er~ificat'e as referred to In paragraph (1) shall be 
transiated into the Indonesian language and submitted 
in dupiicate to the Patent Office not later than 3 
(three) months from the filing date, or with respect to 
patent applications claiming priority rights, not later 
than the period of its pr ior i ty. 
(J) The filrng of a patent application i-elated with a mlcro-
organIsm must cover all specific characteristics 
contained therein. 
Article 6 
(1) t~y person may request a sample of the deposited 
micro-organism to the recognized dCf-X)Sl tory inst i (ut ion 
after the patent applicat ion related with the relevant 
micro-organism has been pull! ish~d. 
(2) The request for a sample of the micro-organism as re­
ferred to in paragraph (1) shall include a statement from 
the Patent Office. 
(J) In order to obtain an official statement from the Patent 
Office as referred to in paragraph (2), the person 
submitting a request to obtain such sample of the micro­
organism,shall be required to fill out a form provided by 
the Patent Office and to pay a fee which amount has been 
determined in the Decision of the Minister of Justice 
number ~.04-HC.02-10 Year ,1991 concerning the Requirc­
men ( s. --;' j m t' frame, i:1 n d Pro c e d u re toP i:1 Y P (l ten t Fee s . IP/N/l/IDNlPll 
Page 252 
(4) The Patent Office aM la be cbHgated to send t'l copy of 
the request to obtain a sample of the micro-ocgan iSg and 
the offici~l statement fra. the Patent office 10 the 
person r i lins the r<!le'4'ant patent application or its. 
Patent Consultant 1 or the patent ho'deT. 
Article 7 
(1) If a ~icro-organism whic~ has ~en deposited in i ~eposi­
tory instill&tion ceases to ht· vjubJe 0(' if for nny reason 
the depository tnst i Hrt i<lO i$ lcmpcra.ri ly Mn-opc::rat tonal 
oc disso!ved, the re!cvnnl party shell be required to 
submit a new deposit o( the sam~ micro-organlsm. 
(~} the ooIigatioo to submit 0 new deposil of the same mlCr(r 
organism as referred to in p&ragraph (1) sh~ll ~ made to 
the Patent Office withi.n J (lhrecJ months from tht.:: 8.11-
naunce~nr concerning t.hc cessation of such Gicro­
fJrganism because it is no lortg€r via:l)c or any other 
reason that the de~~itory inslltutlon is ur.~bJc to 
supply samples either tell1POraI i ly '.lr ~rra:mc:nUy. 
(3) If the d~pository instituto which is (cl1porati!y 
f\!Jn-operation~} <'f oissolved doe!!. oot transfer th<: 
relevant ~icr~or"anis~ to another depository in~~itule. 
~hen ·the person ft.l ing t!'le patent appl le&tion or O'tInCf of 
the rclevam: patent shall be required to deposit such 
~icr~organisa in another depository institut~-IPIN/lIIDNfP/l 
Page 253 
(4) The person depositing the micro-organism In another 
depository institute as referred to in paragraph (3) 
shall be required to submit a new deposit certificate. 
(5) The obligation to submit certificate as referred to 1n 
paragraph (4) must be received at the Patent Office no 
later than 6 (six) months as of the notification concern­
Ing the temporary non-operation or dissolution of a 
micro-organism depository institute. 
(1) The 
at CHAPTER IV 
PROCEDURE TO FILE A PATENT APPLICATION 
Article 8 
filing of a patent application may be made 
the Patent Office or delivered to the Patent 
through the postal service. direct 1;.-' 
Office 
(2) If a patent application is submitted through the postal 
serVIce, therefore the date of receipt of such documents 
at the Patent Office shall be deemed as the receiving 
date of such application. 
Article 9 
If a patent application' has fulfilled the requirements as 
referred to in Article 2 and the patent application fee has 
been paid, the Patent Office shall determine its filing date. IP/N/l/IDN/P/l 
Page 254 
OHAPID V 
AL:mATrON Of mE 'IYPE Of PATENI' APPLICATION 
Art icle 10 
Arty change in a patent applicAtion must be sub61itted in 
writing to tl~ Patent Office before a decision £oncerning (he 
granting or rejection of 4 patent applicBtion is made by the 
Patent Office. 
Article 11 
(l) A change in the type of patent application must be st~ted 
im ~he for~ ~s contained in [he enclosure of this 
Decisiva togel~r with the ceq¥irements (or tach type of 
patent, along with the payment of n fee which has been 
stipula,ed in the Decision of the Minister of lusctce 
Number M.04-HC.02.10 Year 199J ~oncetning the 
Requirements. riDe rrem£. and Procedure to Pay Patent 
fees. 
(2J A change from a si~~le PAtent appli~tion to a patent 
appl icat ion lTIust be made before a decision concerning 
the granting or rejection Qf the si~le patent applica­
tion is Ilade, 
(l) A change fIO~ a palent application to a simple patent 
appl ieat ion must be riled before the releVant patent 
~pplic6tion is published by the Patent Office. Article 12 IP/N/l/IDNIP/1 
Page 255 
(1) The number of inventions in a patent application shall be 
declared as more than 1 (one) by the Patent Office if the 
claims of invention in the relevant patent 
consists of more than one of the following 
claim: application 
groups of 
a. an independent claim concerning a specific product. an 
independent claim concerning a process to manufacture 
such product. and an independent claim concerning the 
use of such product: or 
b. an independent claim concerning a specific process. an 
independent claim concerning an apparatus or machine 
which is necessary to carry out such process; or 
c. an independent claim concerning a specific product. an 
independent claim concerning the process to 
manufacture such product. and an independent claim 
concerning an apparatus or machine which is necessary 
to carry out such process. 
(~) The invention as referred to in paragraph" (1) may be 
filea separately in 2 (two) or more patent applications. 
each of which shall "be completed with a description, 
claim(s)! abstract. and drawing(s) in accordance with 
the resul ts of such division along wi th the payment of 
the patent application fee for the subsequent patent 
application. 
(J) The invention as referred to in paragraph (1) shall be 
"determined in order, based on the sequence of the claims 
contained in the r~levant patent application. 
(4) If the patent application as referred to in paragraph (1) 
is not refiled separately within the time frame specified 
by the Patent Office, then only the first invention shall 
be examined by the patent examiner. IP /NIlIIDNIPIl 
Page 256 
Art icle lJ 
Tbls Decision shall be effective as ef the date of its 
enac tlineT1t . 
[nacted in Jatarta 
on OCtober 2~. 1991 
lofficial stamp ~rNISTER OF JUSTICE 
of the Mi.nister Of' THE REPV8LIC Of JNOONESIA 
of Just ice of 
Republic of (signedJ 
Indont:sial 
I SAA I L SAlLH SH DECISION OF TIffi MINISTER OF JUSTICE 
OF THE REPUBLIC OF INDONESIA 
NUMBER : M.07 -HC.02.10 YEAR 1991 
CONCERNING 
TIIE FORM AND REQU I R.DfENTS FOR A PATENT 
SUBSTANTIVE EXAMINATION APPLICATION IP /Nil IIDNIPIl 
Page 257 
MINIS1ER OF JUSTICE OF THE REPUBLIC Of INDONESIA 
Considering a. that In order to conduct a substantive 
examination on a patent application. it lS 
necessary to regulate provisions concerning 
the form and requirements for a Patent 
substantive examination application as 
stipulated in Article 55 paragraph (J) of 
Law Number 6 Year 1989 concerning Pat-
ent: 
b. that based on such consideration as referred 
to in letter a. it 1S necessary to stipulate 
the Decision of the Minister of JUS( ice 
concerning the Form and Requirements for a 
Patent Substantive Examination Application. IPINIlIIDNIPIl 
Page 258 
in "iew of 1. Lu Number 6 Yesr 1989 amcernina Pattmt 
(State Gazette Year 1989 ~r J9, Supple­
raent to [he GazeUe Number 3398): 
To enact 2. Decision of the President NuBber 15 Year 
1984. concerning The Organizational Structure 
of Departments as a.seoded ~evenil times. the 
lastest by the Decision or the President 
Numbex J2 Year 1988 for the ~inistry of 
lust ice: 
J. [}eeis ion of the Hin ister of Just ice of the 
Republic of Indonesia Number ~.02.PR.07-10 
Y~ar 1939 concerning The Organization and 
Work Procedure of the Ministry of Justicc~ 
4. Decision of the ~inister of Jus(jce of the 
Republic of lndonesia Nucnber ~1.04-
KC.02.10 Year t99J concerning The Require­
eents. ii!lle frame. And Procedure to Pay 
Patent Fees. 
DECIDES 
DECISION OF ntE KrNlSTER OF . JUSTICE or mE 
RF.PUBLI C OF I MDOO£S I A CONCERNING THE f'ORN AND 
~lREM!NTS FOR A PATmI' SUBSTANTIVE 'EXAMINA­
TION APPLICAtlOO Article 1 IP/NIl/IDNIPIl 
Page 259 
(1) A patent substantive examination applica­
tion for a patent application shall be 
submitted by the person filing the patent 
application. 
(2) The patent substantive examination applica­
tion as referred to in paragraph (1) shall 
be submitted in writing to the Patent 
Office. 
Article 2 
(1) A patent substantive examination shall be 
made by filling out a form provided by the 
Patent Office. 
(2) The format of the form as referred to 1n 
paragraph (1) shall be as contained 1n the 
Enclosure of this Ministerial Decision. 
Article 3 
A fee shall be imposed on a patent examination 
application, the amount of which has been 
determined in the Decision of the Minister of 
Justice of the Republic of Indoriesia Number 
M.04-HC.02.10 Year 1991 concerning The Require­
ments, Time Frame, and Procedure to Pay Patent 
Fees. 
Article 4 
The fee for a patent substantive examination 
must be paid upon the submission of a patent 
substantive examination application. IP/N/lIIDNIPIl 
Page 260 
Article 5 
A patent suOst&ntive exaainetiotl app"liution 
shaH include the follOlJl'ing! 
a. & copy or photocopy of the receipt of a 
pater1t applicat ioo; 
b . .Evidence of payaent of the pateC'lrt subsum­
tive examination fee as referred to in 
Article 3. 
Art icJe 6 
This Decision shall be effective as of the date 
of jts enactment. 
~orficial stalllP 
of the Minister 
of Justke of 
the Republ ic of 
ltldones ia) Eflaeted in Jakana 
00 October 19, 1991 
NINISTER Of JUSTICE 
Of mE !lEPUBL 1 C Of lNOO1\'"ES I A 
(signed} 
1SW-IL SAUli SH Dil'o<.;toI'l.lte Oencrul of 
Copyright, Patent, and Trademark 
Ministry of Justice 
PATENT SUBSTANTIVE EXAMINATION APPLICATION FORM 
f/wc*) 
';\Umc 
!\(Jdft.~ss JP /N/lIIDN/P!1 
Page 261 
/,jjing/proct:ssing lh,::, {jjinf!, ()/~) ~he paLenl application 
lJrl0C r : 
Pegislrat ion Number of 
Patent Appl iCCltion 
TitJe of Inventiun · . .. . . . . . . .. . .. .. . . . .. . . . .. . . . . . . . .. . . . . . .. . 
· .. .. . . .. .. .. .. .. .. .. .. .. . . . .. . . . , . . . . . . . . . .. .. .. .. .. 
· .. . .. . . .. . . .. .. . .. .. . .. . .. . .. . . . . . .. . . . . . . . . ... 
hereby request for Cl subslanl iVT exam;nat ion ~o b/; comiL~cLed 
on such patent apptica.~ivn. IP/NIl/IDNIPIl 
Page 262 
l/Wc herewi th enclose the c:vident:e of pa)'llent for 
substantive examination. 
This ~ppJi~atjon is submitted in o~r to be further 
processed. 
. ................ , ............. -, ..... -
(signi 
*1 belete \IIJlerL' ~cessary. DECISION OF THE MINISTER OF JUSTICE 
OF THE REPUBL I C OF INOONES I A 
NUMBER : M.08 -HC.02.10 
CONCERNING YEAR 1991 IPINIl/IDN/PIl 
Page 263 
RECORDAT'ION AND REQUEST FOR COPIES OF PATENT IXX:UMENr 
MINISTER OF JUSTICE OF TIlli REPUBLIC OF lNOO1'{ESIA 
Considering 
In Vlew of a. that In order to expedi te and improve the 
service to public, it is necessary to regu­
late rules concerning the recordation and 
request for copies of patent documents as 
the implementation of Article 6; paragraph 
(J) of Law Number 6 Year 1989 concernIng 
Patent; 
b. that based on the consideration referred to 
1n letter a, it is necessary to stipulate 
the Decision of the Minister of Justice 
concerning Recordation and Request for 
copies of Patent Documents, 
1. Law Number 6 Year 1989 concerning Patent 
(State Gazette Year 1989 Number 39, Supple­
ment to the Gazette Number 3398); IP/N/1/IDNIPIl 
Page 264 
2. Decision of the President Number 15 Year 
1984, concerning The Organizational Structure 
of Departments as amended several times. the 
lastest by the Decision of the President 
Number 32 Year 1988 for the Ministry of 
Justice; 
J. Decision of the Minister of Justice of the 
Republic of Indonesia Number M.02.PR.07-10 
Year 1989 concerning Organization and Work 
Procedure of the ~linistry of Justice: 
4. Decision of the Minister of Justice of the 
Republ ie of Indonesia Number M.04 -He.02.10 
Year 1991 on The Requirements. Time Frame. 
and Procedure to Pay Patent Fees. 
D Eel DES 
DECISION OF TIIE MINISTER OF JUSTICE OF 11fE 
REPUBLIC OF INDONESIA CONCERNING REOORDATION 
Al~ REQUEST FOR COPIES OF PATENT C:(XUM:ENl'S 
Article 1 
(1) Any competent person may request 
a. a copy of patent application documents 
or simple patent documents which have 
been published: JP /N11/IDNIP 11 
Page 265 
b. a copy of patent or simple patent docu-
ments: 
excerpt from the Patent Rol Is. 
(2) The request as referred to In paragraph 
(1) shall be submitted to the Patent 
Office by filling out a form provided 
by the Patent Office. 
Article 2 
(I) A fee shall be imposed on the request 
referred to Article 1, the amount of 
which has been determined in the Deci­
SIon of the Minister of Justice Number 
M.04 -HC.02. 10 Year 1991 concernIng 
the Requirements. Time Frame. and 
Procedure to Pay Patent Fees. 
(2) An examp.le of the form referred to In 
Article 1 paragraph (~) shall be as 
contained In the Enclosure of this 
Decision. 
Article 3 
(1) The requ~s~ as referred to in Article 1 
m&y be approved upon the fulfillrnent of 
the requirements referred to in Article 
I·paragraph (2) and Article 2 paragraph 
( 1 ) . IP /NI lIIDN/P/1 
Page 266 
(2) The Patent Office shall record the 
request for a copy or excerpt as re­
ferred to in Article 1 paragraph (1) 
upon the approval of such request. 
Article 4 
This Decision shall be effective as of the 
date of its enactment. 
Enacted in Jakarta 
on October 29. 1991 
Of fie i a 1 stamp 
oft he M i n is t er 
of Justice MINISTER OF JUSTICE 
OF THE REPUBLIC OF lNOONESIA 
of the Republ ic 
of Indonesia (signed) 
ISMAIL' SALlli SH Directorate of Patent 
Directorate General of 
Copyright, Patent, and Trademark 
Ministry of Justice IP/NIl/IDNIPIl 
Page 267 
APPLICATTON FORM FOR ropy OF PATENT I:XXAJMEN:rS AND OR EXCERPT 
~ PATINf ROllS 
f/we*) : 
~Elme 
....... " ..................... .. 
Occupat ion 
Address ...... 4 ...................................... .. 
Telephone 
herewith submit an application for 8 COPy of patent documents and 
or excerpt from the Patent Roll*) as follows 
-Copy of Patent Documents 
Country Number 
eo· .. .. .. .. .. • .. .... · ... .. . .. . " . .. . .. . .. .. ... ... 
· . .. , .. .. ... . ... . .. .. .. .. .. .. .. 
• • .. , .. .. .. 1 .. .. • .. • .. .. .. .. IP /N/IIIDNIPIl 
Page 268 
-Excerpt from the Patent Roll or patent under number 
I!Wf: herewith enclose the evidence of payment for the 
nforesaid purpose. 
This appJ icat ion is submi t led ln oreer tn be I"urthcr 
processed. 
!\[JP 1 i can t , 
signed 
Note~ 
*) Delete where necessary 