Use the Lexology Navigator tool to compare the answers in this article with those from 20+ other jurisdictions.
Applying for a patent
What are the criteria for patentability in your jurisdiction?
An invention is patentable if it:
- is novel;
- involves an inventive step; and
- is industrially applicable.
What are the limits on patentability?
The following subject matter is not patentable in Indonesia (Article 7 of the Patent Law):
- any process or product whose announcement or use would contravene prevailing laws, religious morality, public order or ethics;
- any method of examination, treatment, medication or surgery applied to humans or animals;
- any mathematic or scientific theory or method;
- all living creatures, except microorganisms; and
- any biological process which is essential in producing plants or animals (except non-biological processes or microbiological processes).
The elucidation to the Patent Law explains that, within the meaning of the law, the definition of ‘invention’ excludes:
- Aesthetic creations;
- Rules and methods for:
- mental processes;
- Rules and methods concerning computer programs;
- Presentation of information.
Click here to view the full article.