Indonesia: patent law amendments

On July 28, 2016, the Parliament of Indonesia adopted amendments to the Patent Law which entered into force on August 28, 2016.

The amendments introduce key changes as they relate to the scope of patent protection, substantive examination, opposition, patent maintenance, etc. The shortlist of the changes is represented below:

• Utility model scope of protection is expanded and now, in addition to products, it also includes a process and improvement of an existing process.
• Time limit for conducting substantive examination has been reduced from 36 to 30 months for inventions and from 24 to 12 months for utility models. Time limit to respond to the office actions is now set to 3 months with first extension of 2 months and second extension of 1 month (with a surcharge payment).
• It is now possible to introduce post grant amendments to patent specification, claims, and drawings. A request should be filed within 3 months after the notice of allowance.
• The new law introduces third parties post grant opposition which can be filed in addition to the pre-grant opposition. Previously, only pre-grant opposition was allowed.
• Under the old law, patent maintenance fees could be paid within a grace period of three years from the due date. If the fee was not paid within this term the patent was considered invalid but the patent owner was still obliged to pay the outstanding annuities. Now, a patent is considered invalid if annuities are not paid by the due date. Payment of the outstanding annuities is not required. A patent owner may also file a request for 12-month extension (at least 7 days prior to the due date). Besides, time for paying back annuities (annuities accumulated from the filing date to the year of issuance of grant) is reduced from 12 months to 6 months.
• The new law introduces an online filing system which may greatly simplify the patent registration procedure.
• Software that has technical effect has become patentable as well.
• Patent owners are obliged to use a patent in Indonesia. However, only the public prosecutors, persons representing national interest, or compulsory license owners may file requests for non-use cancellation.

To get an actual quote for registration of the IP rights in Indonesia please visit our quotation system.

Author: Lynda Miller