Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Law Number 2 of 2022 on the Job Creation Law has been issued and effective since March 31st, 2023. The issuance of this law has changed the regulations regarding the procedure for simple patent applications, more specifically the procedure for the publication of simple patent applications.
Publication of a patent application is a form of information to the public that a patent application has been filed. Therefore, no parties other than the applicant shall commit imitations or other violations, as well as an opportunity for other parties to convey views and/or objections to the patent application. A simple patent is any new invention in the form of a product or tool that has practical use value because of its shape, configuration, construction and/or components which allow it to obtain legal protection in the form of a simple patent.
Publication of patent applications is published in the Official Patent Gazette (Berita Resmi Paten/BRP) through www.dgip.go.id of the Directorate General of Intellectual Property (DJKI). Based on Law Number 13 of 2016 concerning Patents, the procedure for patent publication consists of several stages:
- Examination on the completeness of the application requirements: description, claim, abstract, image, and classification;
- Publication of patent applications (publication A) as of the date of receipt/priority date;
- Notification of patent publication through Saki 21 application and Post Office;
- Preparation of BRP to be displayed/published on the DJKI website;
- The publication period is declared complete if the applicant has paid the substantive fee, and the patent application is then sent to the Technical Services section.
With the existence of Law Number 6 of 2023, regulations relating to Applications for Substantive Examination have been changed i.e., the Application for Substantive Examination must be submitted at the same time as the patent application is filed.
In addition to the changes in procedures, there are also changes to the deadline and period for the publication of simple patent applications. Law Number 6 of 2023 states that the deadline for the publication of simple patent applications is shortened, from previously 7 days after 3 months from the date of receipt of a simple patent application to no later than 14 days from the date of receipt of the application. Meanwhile, the publication period has also changed from previously 2 months to 14 days after the publication of a simple patent application.
This amendment also regulates that a simple patent application is not subject to any views or objections raised against it, which means that if there is an objection to the publication of a simple patent application, the patent applicant will not be notified, but the objection will be taken as recommendation/consideration for the examiner in the substantive examination process.
ET Consultant is a Business Consultant and Legal Consultant Expert that provides support for local and multinational clients to start and manage their business operations in Indonesia. ET Consultant specializes in Business Incorporation, Licensing & Legal, Accounting & Taxes, Immigration, and Advisory Services.
Ready to find out more?
Excellent and Trusted Consultant (ET Consultant)
PPHUI Building Lantai 2 suite 210 Jl. H.R. Rasuna Said Kav. C-22 Kuningan
Jakarta Selatan, 12940 Indonesia.
Tlp : 021 5290 7039
Email : [email protected]