Can we have an opportunity for divisional application after decision to grant a patent in Indonesia?
According to the article 36(3) of the Indonesian Patent Law No. 14 of 2001, the request for the divisional application(s) may be filed at the latest before the original or parent application is granted a patent. In other words, it should be filed at the latest before the final examination of the parent application.
Correction or an amendment of claims or a specification after decision to grant a patent
The correction or amendment of claims can be filed at the time of filing the applications or during the prosecution before the final step of examination. In accordance with Article 35 of the Indonesian Patent Law No. 14 of 2001, “A patent application can be amended by revising the description and/or the claims provided that such amendments do not expand the scope of invention applied for in the first filed application.
It is possible to make the amendment of claims after decision to grant a patent in Indonesia?
If you would like to reduce the claims and limit excess claim fees, it is advisable to make the amendment before the due date of filing patent application. It is not possible to make the amendment of claims after decision to grant a patent.
Written by :
Nadia Am Badar, SH
Wieke Mulyani, S.S
Am Badar & Partners
Jl. Wahid Hasyim No. 14
Phones: 62 21 3983 7314 and 7315
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