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Patent Application
I need a patent application for a new mechanical device that improves energy efficiency in household appliances. The application should include a detailed description of the invention, claims defining the scope of the patent protection, and any necessary drawings or diagrams to illustrate the device's functionality.
What is a Patent Application?
A Patent Application is your formal request to protect a new invention under Indonesian intellectual property law. It tells the Directorate General of Intellectual Property exactly what makes your invention unique and how it works, letting you claim exclusive rights to make, sell, or license it.
The application must describe your invention in detail, following rules set by Law No. 13 of 2016 on Patents. Once filed, it starts a review process that typically takes 30-42 months. If approved, you'll get patent protection for up to 20 years, giving you a valuable competitive advantage in the Indonesian market.
When should you use a Patent Application?
File a Patent Application as soon as you develop a new invention or technical innovation that could give your business a competitive edge in Indonesia. This is especially crucial before showing your invention to potential investors, partners, or the public—once an invention becomes public knowledge, you can't patent it.
The timing matters most in fast-moving industries like technology, pharmaceuticals, and manufacturing. Early filing gives you priority rights under Indonesian law and prevents competitors from claiming your innovation first. It also helps secure funding, as many investors require patent protection before considering investment deals.
What are the different types of Patent Application?
- Three main types of Patent Applications exist in Indonesia: Regular Patents (for major innovations, lasting 20 years), Simple Patents (for incremental improvements, lasting 10 years), and PCT International Applications (for global protection). Each requires different technical details and examination processes.
- Regular Patents need the most comprehensive documentation, including detailed descriptions, claims, and drawings. Simple Patents use a streamlined format with fewer claims. PCT Applications follow standardized international formats while meeting Indonesian requirements.
Who should typically use a Patent Application?
- Inventors and Companies: Submit Patent Applications to protect their new technologies, processes, or products. This includes individual inventors, research institutions, and businesses of all sizes.
- Patent Attorneys or Consultants: Draft and file applications, ensuring they meet Indonesian legal requirements and maximize protection scope.
- DGIP Officials: Review applications, conduct technical examinations, and grant patents at Indonesia's Directorate General of Intellectual Property.
- Competitors: Must respect granted patents and negotiate licenses to use protected innovations.
How do you write a Patent Application?
- Prior Art Search: Research existing patents and publications to confirm your invention's novelty in Indonesian and global databases.
- Technical Documentation: Prepare detailed drawings, descriptions, and working examples of your invention's features and operation.
- Claims Structure: Define the specific aspects of your invention you want to protect, from broad concepts to specific implementations.
- Supporting Materials: Gather proof of invention date, development records, and any test results.
- Legal Requirements: Our platform helps ensure your application meets DGIP formatting rules and includes all mandatory sections.
What should be included in a Patent Application?
- Title and Abstract: Clear, concise description of your invention in both Indonesian and English.
- Technical Description: Detailed explanation enabling others skilled in the field to reproduce the invention.
- Patent Claims: Precise statements defining the scope of protection you're seeking.
- Drawings and Diagrams: Visual representations with numbered references matching the description.
- Priority Documents: Any earlier patent filings you're claiming priority from.
- Inventor Details: Full names, citizenship, and addresses of all inventors.
- Power of Attorney: If using a patent attorney or consultant for filing.
What's the difference between a Patent Application and a Patent?
A Patent Application differs significantly from a Patent Assignment Agreement. While both deal with patent rights, they serve distinct purposes in Indonesia's intellectual property system.
- Timing and Purpose: A Patent Application is filed to obtain initial protection for a new invention, while a Patent Assignment Agreement transfers ownership of an existing patent or application to another party.
- Legal Effect: Patent Applications create new rights through government examination and grant, whereas Assignment Agreements document the transfer of those rights between parties.
- Content Requirements: Applications need technical descriptions, claims, and drawings of the invention. Assignment Agreements focus on transfer terms, payment details, and warranties about the patent's ownership.
- Duration: Patent Applications lead to protection lasting up to 20 years, while Assignments permanently transfer ownership in a single transaction.
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