Foreign Nationals May Apply for Patents in Indonesia: Key Requirements and Procedures

Patent protection in Indonesia is not exclusively available to Indonesian citizens. Foreign nationals residing in Indonesia may, in principle, also file patent applications, either independently or through an intellectual property consultant. What requirements and procedures must be fulfilled?

Understanding Patents and Simple Patents

Indonesia’s patent regime recognizes two forms of patent protection: patents and simple patents.

A patent may be granted for an invention that satisfies three principal requirements, namely that the invention is new, involves an inventive step, and is capable of industrial application. Meanwhile, a simple patent may be granted for a new invention that constitutes an improvement or development of an existing product or process, has practical utility, and is capable of industrial application.

Accordingly, the distinction between a patent and a simple patent primarily lies in the nature of the invention and the degree of novelty or development embodied in the invention for which protection is sought.

Can Foreign Nationals Apply for Patents in Indonesia?

In principle, foreign nationals may file patent applications in Indonesia. However, a patent that has been granted must be implemented in Indonesia in accordance with the applicable laws and regulations governing patents.

In particular, foreign nationals who reside or are domiciled in Indonesia may generally file a patent application independently or through an authorized representative, namely an intellectual property consultant.

Different requirements apply to foreign nationals who do not reside or are not domiciled in Indonesia. In such circumstances, the patent application must be filed through an authorized representative having a legal domicile in Indonesia.

Information Required in a Patent Application

A patent application must be submitted in writing in the Indonesian language to the Minister of Law and is subject to the payment of the applicable fees. An application may be filed for one invention or several inventions that constitute a single inventive concept.

In general, a patent application must contain at least the following information:

1. the date, month, and year of the application;
2. the name, full address, and nationality of the applicant, where the applicant is an individual;
3. the name and full address of the applicant, where the applicant is a legal entity;
4. the name, full address, and nationality of the inventor;
5. the name and full address of the authorized representative, where the application is filed through a representative;
6. the title of the invention;
7. the country and filing date of the first application, where the application claims a right of priority; and
8. the Patent Cooperation Treaty (“PCT”) application number and international filing date, where the application is filed under the PCT.

Documents Required for a Patent Application

In addition to information concerning the applicant and the invention, a patent application must be accompanied by the required supporting documents. The principal documents include the title of the invention, description of the invention, claims, abstract, and drawings, where applicable.

Depending on the circumstances of the application, the applicant may also be required to submit:

• a power of attorney, where the application is filed through an authorized representative;
• a deed or other evidence of assignment of rights to the invention, where the applicant is not the inventor;
• a certificate or supporting document for applicants qualifying as micro or small enterprises, educational institutions, or government research and development institutions;
• evidence of deposit of biological material or microorganisms, where the invention relates to microorganisms; and
• a declaration regarding the origin of genetic resources and/or traditional knowledge, where the invention relates to such resources or knowledge.

For inventions involving microorganisms, evidence of deposit must be issued by a depositary institution recognized under the applicable provisions concerning the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or by a depositary institution in Indonesia capable of ensuring the viability of the microorganism throughout the patent protection period.

Foreign-Language Documents Must Be Translated

Language requirements constitute an important consideration for foreign applicants.

Where documents or attachments to a patent application are prepared in a foreign language, they must be translated into Indonesian.

In particular, documents prepared in a foreign language other than English must also be accompanied by English and Indonesian translations.

Applicants should therefore address the applicable translation requirements at an early stage of document preparation to minimize the risk of administrative deficiencies that could delay the application process.

Patent Applications May Be Filed Electronically

Patent applications may currently be submitted through two mechanisms: electronically or non-electronically.

Electronic applications may be filed by the applicant or its authorized representative through the official platform of the Directorate General of Intellectual Property (“DGIP”).

Non-electronic applications may be submitted through the service counter of the DGIP or the relevant Regional Office of the Ministry of Law. In practice, the non-electronic mechanism is intended to facilitate assistance by the relevant officers in submitting an application through the DGIP’s official electronic system.

Under either mechanism, the applicant must complete the prescribed application form and submit all required supporting documents.

When Is a Filing Date Granted?

An application that satisfies the minimum filing requirements will be accorded a filing date and recorded by the Minister of Law.

The minimum filing requirements generally comprise:

1. the required application data;
2. the application documents consisting of the title, description, claims, and abstract of the invention;
3. evidence of payment of the application fee; and
4. payment of excess claim fees where the application contains more than 10 claims.

The filing date is a significant aspect of the patent application process, particularly as it establishes the relevant date of the application within the patent protection system.

Administrative Examination Must Be Conducted Within 14 Days

Following receipt of the application, an administrative examination must be conducted within a maximum period of 14 days from the date on which the application is received.

The administrative examination is intended to verify whether the applicant has satisfied the applicable documentary and administrative requirements.

If, based on the administrative examination, the required documents are declared complete, the Minister of Law will issue a notification to the applicant or its authorized representative.

Accordingly, ensuring the completeness and accuracy of the application documents from the outset is essential to facilitating an efficient application process.

Overview of the Electronic Patent Filing Process

For applications submitted electronically through the DGIP system, the filing process may generally be summarized as follows:

Account registration → completion of the application form → uploading supporting documents → generation of a billing code → payment of the applicable fees → verification of the submitted information → completion and submission of the application.

Applicants should pay particular attention to the payment deadline specified in the relevant billing code. Once all information and documents have been verified and the submission process has been completed, the application will be formally received by the DGIP and processed in accordance with the applicable examination procedures.

Key Considerations for Foreign Applicants

Foreign nationals seeking patent protection in Indonesia should take several important matters into consideration.

First, the applicant’s domicile determines the applicable filing mechanism. Foreign nationals residing or domiciled in Indonesia may, in principle, file an application independently, while foreign applicants who do not reside or are not domiciled in Indonesia must file through an authorized representative having a legal domicile in Indonesia.

Second, applicants should determine at the outset whether the invention satisfies the statutory criteria for protection as a patent or a simple patent.

Third, technical documents, particularly the description, claims, and abstract of the invention, should be carefully prepared. These documents do not merely constitute administrative filing requirements; they are also fundamental in defining the scope of patent protection sought by the applicant.

Fourth, all foreign-language documents must comply with the applicable translation requirements.

Therefore, although foreign nationals are generally entitled to seek patent protection in Indonesia, applicants must carefully observe the applicable substantive and administrative requirements, domicile requirements, language requirements, and filing procedures prescribed under Indonesian laws and regulations.

Conclusion

Foreign nationals may file patent applications in Indonesia. Foreign nationals residing or domiciled in Indonesia may, in principle, file an application independently or through an intellectual property consultant. By contrast, foreign nationals who do not reside or are not domiciled in Indonesia are required to file their applications through an authorized representative having a legal domicile in Indonesia.

The application must contain the required information concerning the applicant and inventor, details of the invention, and the relevant technical documents, including the description, claims, and abstract. Foreign-language documents must also be translated in accordance with the applicable requirements.

Once the minimum filing requirements have been satisfied, the application will be accorded a filing date and subsequently undergo administrative examination. Accordingly, comprehensive and accurate preparation of the required documentation from the outset is an essential aspect of obtaining patent protection in Indonesia.

Legal Basis

1. Law No. 13 of 2016 on Patents;
2. Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation;
3. Law No. 6 of 2023 on the Enactment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law;
4. Law No. 65 of 2024 on the Third Amendment to Law No. 13 of 2016 on Patents; and
5. Regulation of the Minister of Law No. 6 of 2026 on Patent Applications.
6. Hukum Online