1. Q:

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Is it possible to warn an infringer in writing?

To stop an infringing act, a right holder may entrust an attorney at law or consultant to warn the infringer in writing, or order him to stop his infringing act by himself by directly contacting him.

 

2. Q:

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What acts may infringe patent rights?

Patent infringement refers to acts of exploiting the patents without the authorization of the patentees, including manufacturing, using, offering to sell and selling the patented products, or using their patented processes. Besides, importing patented products or importing products directly acquired by their patented products for the abovementioned usages are also acts of infringement upon patent rights.

 

3. Q:

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Through what channels can problems of patent infringements be resolved?

Faced by an act of patent infringement, a patentee or an interested party may directly institute legal proceedings in the people's court.

 

4. Q:

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How is the amount of compensation calculated?

There are normally three methods to calculate the amount of compensation for losses, namely the calculation is based on:

            a. The actual economic losses incurred to a patentee by the infringing act;

            b. All the profit made by the infringer from his infringing act; or

            c. The reasonable amounts not lower than the patent licenses fee.

 

5. Q:

 

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Is there any geographic limit when petitioning the people's court to resolve a problem of patent infringement?
A patentee or an interested party may directly institute proceedings in the people's court of the location where the infringer has its domicile or where the infringing act is committed.

 

6. Q:

 

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What documents should be submitted when instituting proceedings in the people's court?
The documents to be submitted include:

          a. Bill of Complaint (may be drafted by an consultant);

          b. Power of Attorney (must be notarized);

          c. Copy of Certificate of Patent and documents proving the validity of the patent right;

         d. Copy of the company certificate or personal identification documents (must be notarized);

          e. Proof of the legal representative (must be notarized); and

          f. Evidential materials.

 

7. Q:

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What judgements can the court make regarding an act of patent infringement?

If a patentee wins the case, the court can make these judgements:

          a. To order the infringer immediately desist from its infringing act;

          b. To order the infringer to make open apology to promise not to let the infringing act happen again;

          c. To order to confiscate infringing products or to make adjudication according to law, to destroy tools and material for manufacturing the infringing products; and

          d. To order the infringer to compensate for the economic and other losses suffered by the patentee.

 

8. Q:

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What items are unpatentable in Indonesia?
According to Article 7 of Indonesia Patent Law, the following items are unpatentable in Indonesia:

           a. Inventions contrary to the laws of the State or religion morality or being detrimental to public interest;

           b. Scientific discoveries;

           c. Methods for the diagnosis or for the treatment of disease applied for human being and/or animal;

           d. Science and mathematical theory and method;

          e. Biology process essentially for plantation except non-biology process or microbiology process.

 

9. Q:

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Who may act as an IP Consultant to file a patent application in Indonesia?
According to Article 26 of the Indonesia Patent Law, foreign applicants not having residence or establishment in Indonesia shall appoint an IP consultant designated by the Indonesian government to act as his or its consultant before the Indonesia Patent Office.

 

10. Q:

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What are requirements for filing a patent application in Indonesia?
When a patent application is filed in Indonesia through Arnold JS & Associates , the following documents are required:

        a. A letter of instructions indicating the type of the application to be applied for, e.g. a patent for invention or a simple patent; the name, address and nationality of the applicant and inventor; the filing date, country and serial number of the convention patent application or patent based on which the priority right to be claimed, if any;

         b. Invention title, description, claims and an abstract;

         c. Drawings (if necessary for describing the invention);

         d. Power of Attorney executed by the applicant, which is neither necessary notarized nor legalized;

         e. Certified Priority Document, which shall be submitted to the Patent Office within sixteen months since priority date otherwise the claim of priority shall be deemed not to have been made;

        f. For entry into national phase in Indonesia of a PCT international application, international publication pamphlet, international preliminary examination report with annex and any amendments concerned if the applicant would like to bring such amendment into the examiner's consideration during the examination on the application in Indonesia.

 

11. Q:

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What language must be used for a patent application in Indonesia?
According to Article 24 of Indonesia Patent Law, any document submitted under the Indonesia Patent Law and its Implementing Regulations shall be in Indonesia. The standard scientific and technical terms shall be used if there is a prescribed one set forth by the State. Where no generally accepted translation in Indonesia can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated. Where any certificate and certified document submitted in accordance with the Indonesia Patent Law and its Implementing Regulations are in foreign languages, and where the Patent Office deems it necessary, it may request a Indonesia translation of the certificate and the certified document to be submitted within a prescribed time limit.

 

12. Q:

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Is the Indonesia translation of priority document required?
No.Cover page only.

 

13. Q:

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When may a divisional application be filed?

A patent application may relate only to one invention or several inventions which have one general inventive concept.
       a. Divisional application(s) may be filed by applicant voluntarily at any time before receipt of the Notification of Decision of Grant of Patent Right.
       b. If Patent Office during examination establishes that the requirement of unity of invention is not met, it will invite applicant to file one or more divisional applications within a prescribed time limit. If no divisional application(s) is (are) filed following such invitation within the prescribed time limit the application will be deemed withdrawn.

 

14. Q:

 

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Is it possible to apply both for a patent for invention and a simple patent for the same subject matter?
Yes, it is possible to apply both for a patent for invention and a patent for utility model for the same subject matter. However, it is not possible that the same invention is protected both by a patent for invention and a simple patent.

 

15. Q:

 

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How to start the substantive examination procedure for a patent application for invention?
Before a patent can be granted, the application must be examined as to substance (i.e. as to novelty, inventive step and applicability in practice). The substantive examination is in principle not made automatically, but shall be requested by applicant. The request for examination as to substance shall be made at any time within three years from the date of filing or the priority date if priority is claimed, otherwise the application shall be deemed withdrawn. When requesting the substantive examination for PCT, applicant shall furnish either the search reports or examination results from one or two main patent offices such as EPO, USPTO or JPO, if any counterpart application has been filed in a foreign country. If applicant cannot furnish the required material when the request for examination is made, he shall make a statement to that effect and furnish the material as soon as it is available.

 

16. Q:

 

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What action should be taken after receiving the rejection decision from the Patent Office in order to continue the application?

If the application is rejected after the substantive examination, applicant may request an appeal to patent appealing commission within three months since receiving the rejection decision. The applicant must state the reasons and be accompanied by the relevant supporting documents. After reexamination, the Patent appealing commission will make a decision and notify the applicant. If the applicant is not satisfied with the decision, it/he may institute legal proceedings in the people's court within three months since the date of notification.

 

17. Q:

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Can computer programs be patented?
No, computer programs cannot be patented in Indonesia. Computer program is protected under the Indonesia copyright law. However, if the combination of software and hardware as a whole may really improve the prior art, give new technical results and constitute a complete technical solution, an invention containing a computer program may be patentable.