About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Legislative Implementation of Flexibilities - Indonesia

Title:Articles 32 and 48-53 of the Law on Patents No. 14 of 01/08/2001
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 32

(1) Where the requirements as referred to in Article 30 have been fulfilled, however the Application does not fulfill the provisions of Article 24, the Directorate General may request that such deficiencies be fulfilled at the latest 3 (three) months commencing on the date of transmittal of the notification of deficiencies by the Directorate General.

(2) Based on reasons acceptable to the Directorate General, the period as referred to in paragraph (1) may be extended for a maximum of 2 (two) months upon the request of the Applicant.

(3) The period as referred to in paragraph (2) may be extended for a maximum of 1 (one) month as of the date of expiry of the period, provided that a fee has to be paid by the Applicant.

Part Two

Substantive Examination

Article 48

(1) A request for the examination of an Application must be filed in writing to the Directorate General with the payment of a fee.

(2) The procedure and requirements regarding the request for a substantive examination shall be further regulated by Presidential Decree.

Article 49

(1) A request for the substantive examination as referred to in Article 48 paragraph (1) shall be filed at the latest 36 (thirty six) months from the Filing Date.

(2) If a request for examination has not been filed within the period as referred to in paragraph (1), or the pertinent fee has not been paid, the Application shall be deemed withdrawn.

(3) The Directorate General shall notify the Applicant or his Proxy in writing regarding the withdrawal of the Application as referred to in paragraph (2).

(4) If the request for examination as referred to in paragraph (1) is filed before the end of the announcement period as referred to in Article 44 paragraph (1), the examination shall be conducted after the end of the announcement period.

(5) If the request for examination as referred to in paragraph (1) is filed after the end of the announcement period as referred to in Article 44 paragraph (1), the examination shall be conducted after the date of receipt of the request for substantive examination.

Article 50

(1) For purposes of the substantive examination, the Directorate General may request experts assistance and/or utilize appropriate facilities from other Government agencies or may request the assistance from Examiners of other Patent offices.

(2) The use of expert assistance, facilities, Examiners of other Patent offices as referred to in paragraph (1) shall be performed by observing the provisions concerning the obligation to preserve the confidentiality as referred to Article 40 and Article 41.

Article 51

(1) A substantive examination shall be conducted by Examiners.

(2) The Examiners at the Directorate General shall hold the position of a functional official and shall be appointed and dismissed by the Minister in accordance with the prevailing rules and regulations.

(3) Upon the examiner as referred to in paragraph (2) shall be accorded a functional rank and allowances in addition to other rights in accordance with the prevailing regulations.

Article 52

(1) Where the Examiner reports that an Invention for which a Patent has been requested evidently contains vague or other significant deficiencies, the Directorate General shall notify the Applicant or his Proxy and request comments or the completion of such deficiencies.

(2) The notification as referred to in paragraph (1) shall clearly and specifically state the items

considered to be vague or other significant deficiencies together with the reasons and standard or references used in the examination as well as the period for the completion of said deficiencies.

Article 53

If following the notification as referred to in Article 52 paragraph (1) the Applicant does not provide any clarification or complete the deficiencies, or does not make any changes or improvements on the Application within the period stipulated by the Directorate as referred to in Article 51 paragraph (2), the relevant Application shall be deemed withdrawn and the Directorate General shall notify the Applicant in writing.

https://www3.wipo.int/contact/en/area.jsp?area=development_agenda https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/podcasts/en/ https://www.wipo.int/news/en/