Practice Areas

OVERVIEW

  • Patent
  • Trademark
  • Copyright
  • Industrial Design
  • OVERVIEW
  • FILING & PROSECUTION
  • SEARCHING
  • DRAFTING & PREPARATION
  • OPINIONS, ANALYSES & ASSESSMENTS
  • OPPOSITIONS
  • APPEALS
  • MONITORING / WATCHING
  • RENEWAL / MAINTENANCE OF GRANTED PATENTS
  • TRANSLATION OF TECHNICAL DOCUMENTS

Having run with experiences for over 23 years, including records of advising domestic and overseas clients of various type of sectors of broad ranges of complexity, our group is confident of understanding immediately any new and emerging technologies to therefore assist you in the following patent services

For further information regarding overview of patent practice in Indonesian jurisdiction, including recent updates on the patent regulations or related current IP issues please send your inquiry to our e-mail addresses: pat@bataviapatent.com or info@bataviapatent.

Our services comprise filing for both patent and petty patent (utility model) applications. Our prosecution attorney and staffs are very experienced in filing applications before the Indonesian Patent Office. Beside domestic prosecution, we have experience in prosecuting international patent applications to some jurisdictions worldwide, with various selection of foreign firms to represent our client in the most efficient manner in terms of cost and field of technological expertise. 

Our service to foreign clients and associates includes watch over each stages during the whole prosecution and delivery of our report and also immediate response upon requested by the IP Offices. 

a. Conventional Applications (under Paris Convention)

For information about Filing Requirements for a Patent Application, please Click Here

QUICK QUOTATION:

For further information regarding Cost Estimation for filing a patent application to Indonesian Patent Office or overseas patent offices, please send your inquiry to our e-mail addresses pat@bataviapatent.com or info@bataviapatent.

b. PCT Applications (Entry to National Phase) 

For information about Filing Requirements for a PCT Application (Entry to Indonesian National Phase), Click Here

QUICK QUOTATION:

For further information regarding Cost Estimation for filing a PCT patent application (Entry to Indonesian National Phase), please send your inquiry to our e-mail addresses  pat@bataviapatent.com or info@bataviapatent.  simply by mentioning the PCT Publication or Application Number and inventor or applicant’s name, also number of description, claims and drawing (if any). Calculation is based on the English version of patent specification.

C. Necessities for Substantive Examination Stage:

An accelerated examination is not recognized in Indonesian patent law. Therefore, the applicant should be cooperative and proactive in the efforts of providing the supporting documents necessary for expediting the substantive examination process -- the uncertain and critical part of a patent prosecution. Said documents comprise, among others, correspondence or communication between Applicant and the foreign patent offices relating to the examination of corresponding (parallel) application. More preferably, the Applicant provides the copy of granted document of said corresponding applications being prosecuted in any major patent offices.

Our service covers various types of search, including prior art search, application status search, patent registry checking, bibliography search, etc.

Keyword or subject of search may be determined according to the client’s interest. Sometimes the clients discuss in advance with us in determining such subject, since it involves terminology which must be selected from several typical terms found in local language, even though it is translated from one English term. As in illustration, information published on the Indonesian Patent Office’s website (IP Digital Library) mostly still in the local language, and only few parts are in English.

Search objects could be patent or patent applications of Indonesian Patent Office database or overseas databases, since we have links with other associates in almost all countries worldwide, including regional scope namely ASEAN (South East Asian countries) and Asia in general.  

The data obtained from search is valuable to you for detecting the exact position or status of patent or application being prosecuted. It is very important for supporting and establishing the legal standing in case of infringement analysis.  It also allows you to create a mapping of the client’s position among the competitors, assessing the opportunity for entering a particular business field, etc.  

We serve clients based on their particular needs and types of search. Client can request us to perform special searches according to the their own patterns. If necessary, we could also offer our search strategy e.g. with several stages, starting from raw or general up to specific items to be searched, in order to minimize the cost and exclude unnecessary information, thus yielding more clean results at efficient cost and time taken.

To some extents, our pricing policy in this search service is set to be flexible, as we realize that the complexity of case to be searched is of wide range. It is often that we can not predict the escalation or volume of results temporarily obtained in the mid or end of search running. Therefore, in addition to the fix costs for simple items, upon request, we may provide cost estimate in package or even cost per stage after we undertake a preliminary study or assessment of coverage on the case being searched.      

In any case, for purpose of achieving optimum and better results, we develop active communication with our clients throughout the running of search. In a difficult case, we would report to you the factual situation we are facing, e.g. when the search result indicates that we are at the “cross-roads”, then we ask your suggestion of what to do or where to go further in such circumstance.   

Search results may further be followed by analyses of infringement, freedom-to-operate, market clearance, etc. depending on the clients’ request.

With the scientists, engineers and IP attorneys as our firm’s backbones, we are confident to provide our utmost in helping you overcoming the barrier and finding the solution.

Please send us your summary of the case or subject to be searched so that we can make a preliminary assessment, before a quotation is being prepared and offered to you. Contact us at our e-mail addresses pat@bataviapatent.com or info@bataviapatent.

We fully appreciate the importance of strong patent claims and its supporting description thereof.  In order to have a robust legal standing, drafting a patent specification by the experienced expert is a must, allowing our clients get a strong and enforceable invention which does not create problems and burdens during prosecutions.

To our clients who have already adequate experience with preparation of a patent spesification, we will make a discussion to share each other our respective understandings for a similar subject, and suggest any possible improvement in case the clients need a broader or even narrower scope of protection, or even take another “out of box” alternative to enhance and enrich one invention to a multi-inventions. 

In another case, to the client having a genuine concept or idea but lack of writing skill in both legal and technical senses necessary to prepare a patent document with strong claims, we will assist them by directly drafting the invention specification from its fundamental aspects and submit them the result for further evaluation. Upon request, we also offer a concise step-by-step training of such drafting techniques for client’s in-house engineers, by which means we achieve more educated clients with higher skill in patenting technique and strategy.  

In practice, preparing a solid specification for international filing through PCT and its successive entries to regional or national phases will require a more skill and expertise, in view of the variation of regulations and patent laws being prevailed in each countries to be entered into.

We accompany our clients in preparing patent claims or specification as early as filing to a basic country or International Bureau of PCT is to be made to get the priority date, then assist them whenever any amendment shall be needed to the claims or whole specification in response to the results or opinions given during Chapter I or Chapter II, such as International Search Report, International Preliminary Report on Patentability or International Preliminary Examination Report. If still requested, we stand behind the clients for immediate assistance with modification or amendment of specification in case Examiner of a particular jurisdiction still objects or even refuses the application for any reasons relating to its patentability.       

With the scientists, engineers and IP attorneys as our firm’s backbones, we are confident to provide our utmost in helping you overcoming the trouble and finding the solution.

Please send us your summary of the case or subject to be drafted so that we can make a preliminary assessment, before a quotation is being prepared and offered to you. Contact us at our e-mail addresses pat@bataviapatent.com or info@bataviapatent.

We provide first or second opinions pertaining to IP matters, in relation with validity, infringement or patentability (novelty, inventive step, industrial applicability) issues of the pending applications or granted patents being held by your clients or by a third parties.

Our attorneys assessed and counselled many clients regarding patentability of their innovations before drafted into inventions. We also provide full support to clients who need our advices in determining the patentability and allowability of their claims once they should enter to international phase of PCT as well as respective national phases in many designated countries.

In several cases, requests from clients for our opinions, analyses or assessments were parts or continuations of the preceding search activities.  

Our experience in these kinds of service ranges in various fashions, from informal opinions up to the formal opinions involving official reports of hundreds of page. The served clients also come from various sectors of technology and business, either individuals, small-medium enterprises up to the big companies.

We can perform a due dilligent for the clients who intend to implement a particular patent (filed domestically or overseas) as a legal protection before starting up their manufacturing plant, exportation or marketing activities in our jurisdiction.

We also used to advise a client in elucidating a potential of infringement involving trans-national matters with overseas companies who intended to export and operate an IP object in our jurisdiction.     

We also have experience in assisting clients in facing the potential of infringements involving local or foreign competitors.

In some cases, we also assist clients to analyze the opportunity for utilization of obsolete (public domain) patents for furnishing their manufacturing lines with minimum trap of any arrangements to the patent holder or licensing. 

On other cases, we will assist you in securing IP aspects before you launch your products to the marketplace and we also offer strategies to identify the competitor’s strength and weakness aspects in term of IP issues and, if necessary, challenge the pending or granted patents through official or informal procedures.

Upon clients’ request, we can manage and provide a second opinion involving specialist experts for one particular case to verify the first opinion they got from other consultant or attorney. By such a manner, clients have sufficiently reliable standpoints to decide furthermore a critical problem of patent matters.

With the scientists, engineers and IP attorneys as our firm’s backbones, we are confident to provide our utmost and thoughtful solutions to you, by considering the whole of legal, technical and commercial aspects of IP.

Please send us your summary of the case or subject so that we can exercise its level of complexity, scopes and boundaries, before a quotation is being prepared and offered to you. In any case, the confidentiality of any matters of consultation is fully guaranteed. Please reach us in this specific enquiry at  pat@bataviapatent.com or info@bataviapatent.

We provide service for preparing and submitting pre-grant opposition before the Patent Office when you notices that the third party’s application under publication is situated in similar area and shall likely be invalidated. You may submit the relevant materials during publication or substantive examination stage for Examiner’s consideration before deciding to grant an application. You may also show the materials pertaining to any opposition/revocation similar or correspondingto the proceeding inthe other countries. For further information regarding opposition matters and its practices under Indonesian patent laws and regulations, please contact us at pat@bataviapatent.com or info@bataviapatent.

We could assist you in preparing, filing appeal petition and attending the same on behalf of them before the Patent Appeal Commission of the Indonesian IP Offices. Upon request, we could also offer our opinions to be put together or combined with your own opinions into a set of argument for such appeal petition.

In case that an appeal petition is rejected, we will remain support you if you wish to proceed further into the IP lawsuit before the next Commercial Court.

For further information regarding appeals matters, requirements and its practices under Indonesian patent laws or regulations and its subsequent proceedings, please contact us at pat@bataviapatent.com or info@bataviapatent.

We are ready to assist you in undertaking monitoring or watching a third party’s patent status, progress and process for either pending or granted patent. Such monitoring may be carried out on a single project or regular basis (monthly, quaterly, etc.). This is important in case you need to detect the curent status or “movement” of a particular patent or application, to collect valuable information as a part of strategy in determining any measures relating with prosecution of paralell application worldwide which is under competition with another competitor. Sometimes the monitoring can be coupled with search works, with or without our opinions.

For further information regarding monitoring services, please contact us at pat@bataviapatent.com or info@bataviapatent.

We provide services relating to payment of renewal or maintenance fees (annuity). We could also undertake payment of such annuity fees based on specific arrangements set by the clients. Standard schedule of fees for renewal is available upon request.

For further information and enquiry regarding renewal / maintenance fees, grace period, penalty for late payment and other particulars, please send your e-mail to pat@bataviapatent.com or info@bataviapatent.

We provide translation services for patent or IP-related documents. As a semi-independent unit in our firm, our Translators have various background of expertise in legal, economic and business, as well as science and engineering. By such means, the quality of patent specifications or other supporting documents can be guaranteed and it will minimize the problems potentially arising in the near future or long afterwards when the application granted a patent and go further throughout enforcement.

Last but not least, we have special rates for translations that make your client’s burden in the early stage of filing / prosecution become significantly reduced.  

For further information and enquiry regarding our Translation Services, please send your e-mail to pat@bataviapatent.com or info@bataviapatent.

  • OVERVIEW
  • TRADEMARK SEARCHING
  • FILING AND PROSECUTION
  • TRADEMARK RENEWALS
  • OPPOSITIONS
  • CANCELLATION & INVALIDATION
  • DOMAIN NAMES

OVERVIEW OF INDONESIAN TRADEMARK PRACTICES

We can assist clients in trade mark practices, involving both domestic and overseas trademark works. Our services comprise: searching, filing/registration and prosecution, oppositions, cancellation and invalidity, and trademark maintenance.

The Indonesian trademark laws currently rely on the “first to file” system for establishment of trademark rights. For further information on overview of trademark practice in Indonesian jurisdiction, including time lines and procedures, ground for refusal, similarity issues, publication, examination and protection period, recordal of changes, assignment and licensing, deletion & cancellation action and remedies, please send your enquiry to our e-mail addresses: tm@bataviapatent.com or info@bataviapatent.com

This kind of search is important to identify any earlier trade marks that may generate a risk of infringement or potential problem on registration.

Before starting to use a new mark, penetrating to a new market or filing a trademark application, it is suggested to do searches on the relevant trademark registers.
 
By an availability search, clients would be informed of the existence of identical and similar trademarks. If the search result shows that there is any possible constraint of prior marks, we would advise the clients and offer the solutions. 
 
Upon special request of our clients, we would be ready to discuss and find a proper strategy for searching any particular marks according to clients’ needs and also by considering the budgeting conditions.
 
For further information and enquiry on trademark searching services, please send your e-mail to: tm@bataviapatent.com or info@bataviapatent.com
Our prosecution attorney and staffs are experienced in filing applications before the Indonesian Trademark Office. We are ready to assist you in identifying the most efficient and proper filing strategy suited to your specific requirements.
 
In addition, our international link to our associates all over the world enables you to file any marks in any other territories without any limitation.
 
Updates and reports on the application being filed and prosecuted, at each step of registration, would be delivered to you timely using the most recent computerized facilities. 
 
For information about Filing Requirements for a Trade Mark or Service Mark  Application, please Click Here
 
For further information, enquiry and requirements on registering a trademark, including necessities for other characters other than Latin, etc. please send your e-mail to: tm@bataviapatent.com or info@bataviapatent.com
We assist our clients in the renewal and maintenance of their registered trademarks. Neglicence of attending this important procedure could cause the lost of rights and create a legal and commercial effects to the trademark holders. Our system is furnished with automated deadline monitoring and reminder tools generated by computerized machine which will help trademark holders in managing and securing their valuable IP assets so as to fulfill all requirements in term of formalities and respective deadlines, all at significantly affordable costs.  
 
For further enquiry and information concerning period of filing of renewal application, necessities to be submitted on such filing in relation to the mark use, please contact us at tm@bataviapatent.com or info@bataviapatent.com
We could assist clients in prosecution of oppositions to the marks being registered or used by other party, in which case said marks have similarity or confusingly resemble to the client’s registered marks. Our clients could be either in offensive or defensive positions within the oppositions. 
 
We could also provide clients with overview of proceedings and offer the least cost manner of settling an infringement.
 
Please contact us at tm@bataviapatent.com or info@bataviapatent.com should you have any matters pertaining to trademark oppositions.
We could assist clients in their case involving trademarks cancellation and invalidation, for any causes and reasons, either by applicant of trademark or well-known mark owners.  
 
Please contact us at tm@bataviapatent.com or info@bataviapatent.com should you have any matters pertaining to trademark cancellation or invalidation.
We can assist clients in handling the domain name service.
This service comprises searching, monitoring, registration of new names and also maintenance of existing names.  
Domain name use is closely related with the trademark. Therefore, the increasing use of domain name in business practices of current internet era would necessarily increase tendency of misappropriation of existing trademarks, more particularly well-known marks. Since the domain name is regulated under different Indonesian law that differs in its spirit compared to the existing trademark law – and to some levels still “unabridged”, registering a domain name would need to be carried out carefully, by considering also trademark law aspects.   
 
We can help with advice necessary to minimize or even avoid any possible infringement to a trademark owned by other party that could arise from the use of a domain name.  
 
For further enquiry and information regarding domain name and its surrounding issues in our jurisdiction, please contact our e-mail addresses: tm@bataviapatent.com or info@bataviapatent.com

Our firm will assist you in handling copyright protections, although it is publicly known that copyrights are granted automatically upon the completion of any works. In practice of our jurisdiction, filing a voluntary recordation of your copyright work is allowable (and may be necessary in circumstance or field where piracy is of massive level), since it represents a prima facie evidence of subsistence and ownership of copyright even though actual evidence would still be verified in any copyright proceedings.  

The subject matters or works protected by the Indonesian Copyright Law are:

pamphlets, book, and written works, dramas, musical dramas, dances, choreographic works, puppet shows, pantomimes, all forms of art such as paintings, drawings, engravings, calligraphy, carvings, sculptures, collage and applied arts, batik arts, songs or music with or without lyrics, architecture, sermons, lecturers, addresses and other works of utterance, visual aids for educational and scientific purposes, maps, translations, interpretations, adaptations, anthologies, computer programs, cinematographic works, photographic works, data bases, works resulting from adaptations.  

For further information of protection period, document requirement and enquiry regarding copyrights matter, please contact us at pat@bataviapatent.com or info@bataviapatent.

Our firm will assist you in handling industrial design case, from filing a design application until enforcement of your design rights or dispute against third party.

Industrial design right protects the shape, configuration, composition of lines or colors, or a combination thereof. As differ from patents, industrial design does not protect the function or working mechanism of a product. As to the requirement of registrability, a design needs only novelty.

In several cases, we advise our clients to utilize a multi-approach protections for one particular idea, namely seeking protections in both patent and design applications for the same idea simultaneously, one of which performs as a safeguard to the other.

REGISTER A DESIGN APPLICATION

For information about Filing Requirements of a Design Application with the Indonesian Design Office, please Click Here

OPPOSITIONS AND CANCELLATION ACTIONS

Our firm could assist you in attending an opposition to a design application, during publication (laid open) of such an application for 3 months. Publication is commenced 3 months from the filing date. 

While cancellation actions against a registered design can be conducted through filing a lawsuit with the Commercial Court.

For further information regarding oppositions and cancellation actions please contact us at:  pat@bataviapatent.com or info@bataviapatent.

OVERVIEW OF INDONESIAN DESIGN PRACTICES

For further information regarding overview of industrial design practice or procedures in Indonesian jurisdiction, including substantive examination, publication and opposition, cancellation action and remedies in case of infringement, please contact us at: pat@bataviapatent.com or info@bataviapatent.

Batavia Patent Servis Asia

Batavia Patentservis Asia present to assist and support you as local company or overseas player in identifying strategies for obtaining IP rights protection

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