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Design FAQs

If the priority application was filed in black and white, if it is possible to file the application in Indonesia in actual color of the product?

No, it is not possible. In our practice, when filing a design application by claiming a priority application, the Indonesian application must be filed in conformity with its basic application. The product in actual color version can be filed without claiming priority.

Under Indonesian practice, is it acceptable to omit the bottom view of the design in case the article showing the design is a heavy article?

Yes, it is acceptable. The bottom view may be excluded when the design is a heavy article.

In some of the Japanese basic design applications, petitions of "Exception to lack of novelty of design" were filed to JPO. How about under Indonesian design practice? What kinds of "national or world exhibition" in Article 3(a) in detailed?

Below is articles of our Design Law relates to the novelty:

Article 2 paragraphs 2(2) and (3) stipulates:

  1. ...
  2. a design shall be considered novel if at the filing date, the industrial design is not the same as previous disclosure.
  3. the previous disclosure, as referred to in paragraph (2) is disclosure of industrial design that before
    1. the filing date, or
    2. the priority date if the application is filed claiming priority, has been announced or used in Indonesian or outside Indonesia.

Next, article 3 stipulates:
An Industrial Design shall not be deemed to have been announced if within the period of 6 (six) months at the latest before the Filing Date, such Industrial Design

  1. has been displayed in a national or international exhibition in Indonesia or overseas�that is official or deemed to be official; or
  2. has been used in Indonesia by the designer in an experiment for the purposes of education, research or development.

"official exhibition" refers to that held by government of relevant country, "an exhibition deemed to be official" refers to that held by common society which exhibition has been acknowledged or permitted by the government of relevant country.

is it possible to convert the pending patent application to design application in Indonesia?

It is not possible to convert a patent application to design application or vise versa.

is it possible to file a new design application showing a part of the registered design (partially claimed design)?

No, it is not possible. Novelty of the partial design will be anticipated by the earlier published design claiming the entire body. So, it is can be rejected.

we wish to know whether the partially claimed design expressed in the dotted line and the solid line is available in Indonesia.

Yes, design shown in dotted line and solid line is acceptable in design application in Indonesia. Partially claimed design expressed in dotted lines and solid lines is available.

Article 6 paragraph 1 letter g, of Government Regulation no. 1/2005 concerning with procedural regulations of Law No. 31/2000 concerning Industrial Design stipulates that:
"(g) drawings of industrial design can be made in dotted lines, if the parts denoted by the dotted lines are not requested for protection, while the parts requested for protection are denoted by solid lines"

Whether or not there is any system of deferment of publication or secret design.

Yes, deferment of publication is available. However, deferment of publication of secret design is not available in our law. Article 25 paragraph (5) of Industrial Design Law regulates: A deferment of publication is maximumly 12 months as from filing date or priority date.

When the date that a design right is recognized to accrue in Indonesia?

Filing date. "The protection of the Right to Industrial Design shall be granted for 10 (ten) years commencing from the Filing Date" (article 5)

The date from which a proprietor is able to enforce the design right

Registration date (retroactive protection system). Article 1 of Design Law. Explanation : Right to Industrial Design shall mean an exclusive right granted by the State of the Republic of Indonesia to a designer by means of Registration Certificate.

In case that a design is posted on the public patent gazette at a foreign patent office, the design would be considered as a design lacking novelty?

Yes. Disclosure of the same design on a public patent gazette at a foreign patent office will anticipate the novelty of a design filed in Indonesia.

Is multiple design application acceptable under Indonesian design practice?

In Indonesia, multiple design application is not available. We only recognize single application. However, a set of articles having same utilization, characteristics and class (for example: tea set, lunch box set, etc) can be filed as 1 design application.

How does Indonesian Design Office asses degree of similarity between a design application and prior designs?

According to Technical Guideline of Substantive Examination of Industrial Design issued by the Directorate General of IPR, same is similar with difference in minor detail, namely size, color and position of some elements.

What design classification is used by Indonesian Design Office?

Locarno Classification

Is it possible to file any title update recordation against design application?

No, we have to wait until the design is registered.

What are the required documents for filing recordal of a design?

For name change recordation:

  1. Duly signed Power of Attorney
  2. Certified copy of name change document and the English translation.

For address change recordation:
  1. Duly signed Power of Attorney

For Assignment recordation:
  1. Duly signed Power of Attorney
  2. 1.Original or a certified copy of Deed of Assignment and the English translation (if the document is not in English)