Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
The patent law in Yogyakarta, Indonesia falls under the purview of the Directive of the Indonesian Patent Law No. 13/2016. This law grants exclusive rights to the patent holder to implement their invention, granting them control over the use and exploitation of their patented invention. Yogyakarta, much like the rest of Indonesia, acknowledges both process and product patents, including simple patents for new inventions that result in practical implementation.
Given the complex nature of patent law, engaging a lawyer can make the patent application process smoother. If you're attempting to patent an invention or an evolutionary improvement to a current product, a lawyer can help. Also, lawyers provide valuable assistance if you suspect someone is infringing on your patent. They can initiate legal actions if necessary. Moreover, if you're confronted with a legal dispute or litigation about the authenticity, ownership, or application of a patent, a lawyer's expertise is crucial. Lastly, your lawyer can provide legal counsel on how to safeguard your inventions, minimize the risk of infringement, and ensure appropriate licensing agreements.
The Patent Law in Indonesia works on a 'first to file' basis, meaning that patents are granted to the first person who files an application, irrespective of who was the first to invent. An application is valid for 20 years, while a simple patent is valid for 10. Also, Indonesia follows the Paris Convention for patent registrations. So, foreign inventors who've applied for a patent in their own country can file for the same in Indonesia within 12 months, maintaining the original priority date. Also, inventors must claim all post-grant patent amendments in Indonesia.
Yes, a patent obtained anywhere in Indonesia is valid throughout the country.
A patent lasts for 20 years, while a simple patent lasts for 10 years from the date of filing. The term is non-renewable.
It typically takes 24-36 months to get a patent after the application is filed.
No. However, if you have applied for a patent in your own country, you have 12 months to file the same patent in Indonesia while keeping the original priority date.
Yes, a third party can oppose your patent application or request cancellation of your patent within specific timeframes. Legal counsel should be sought in these scenarios.
Yes, patent rights can be sold, transferred, or licensed subject to certain legal requirements.
If someone infringes your rights as a patent holder, remedies include filing a lawsuit, seeking an injunction to stop further infringement, and pursuing damages.
Yes, patents can be jointly owned. However, all co-owners must agree to any licensing or assignment of the patent.
A simple patent grants protection for a new invention that includes practical application. A simple patent in Indonesia is valid for 10 years.
No, not all inventions can be patented. Patents are only granted to inventions that are novel, unique and have an inventive step, and are industrially applicable.
The Directorate General of Intellectual Property (DGIP) within the Ministry of Law and Human Rights in Indonesia is the primary government body dealing with patents. They offer resources, helplines, and relevant forms on their official website. Various local IP consultancies and law firms also provide resources and services relating to patents.
If you believe you need legal help with a patent issue, begin by consulting with a patent attorney or an IP consultancy. They will look into your case's details, consider the overarching patent law, and guide you accordingly. If you haven't applied for a patent yet but wish to do so, seek guidance to ensure your application properly safeguards your invention. In case of potential infringement, always consult your lawyer before taking any actions.
