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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;
  • Schemes;
  • Rules and methods for:
    • mental processes;
    • games;
    • business;
  • Rules and methods concerning computer programs;
  • Presentation of information.

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