INDONESIAN NEW PATENT LAW NO. 13 YEAR 2016

The Indonesian new Patent Law No. 13 Year 2016 was in force on August 26, 2016, replacing old Patent Law No. 14 Year 2001.

The Patent Law No. 13 Year 2016 contains some major points as follows:

1. In order to expedite examination, DGIP office can outsource examiner.
2. Simple patent/utility model now includes invention regarding process.
3. Second use and second medical use including discovery are not patentable.
4. Grace period of novelty is available for 6 months for publications for academic purpose, scientific forum within the scope of the university or national scientific body.
5. Patent e-filing
6. Genetic resources and/or traditional knowledge must be disclosed in patent specification.
7. Substantive examination period is shortened from 36 months to 30 months for invention patent, from 24 months to 12 months for simple patent.
8. Patent appeal commission has the authority to re-examine appeal against rejection, post-grant correction of patent specification and deletion of patent.
9. Patent annuity:

• There is no grace period for late payment. Once the patentee fails to pay, the patent is considered deleted. The outstanding annuity is not considered as debt. Once deleted because of annuity payment failure, the patent cannot be reinstated.
• Provisions related to payment of patent annuity are:

1. First annuities = annuities from filing date to grant date + 1 year. This first annuity is due to be paid by 6 months as of the issuance of patent certificate.
2. Next annuity must be paid by 1 month before the same date as filing date of subsequent year.
3. Late payment of annuity is possible within 12 months as of expiry date by filing request for using grace period mechanism. Such request must be filed within 7 working day before due date.
4. Late payment surcharge is 100%.

• If patentee uses the grace period mechanism of annuity late payment, the patent is in status quo. It cannot be enforced, licensed and assigned.

10. When the new patent law comes into force, all pending applications will be processed using old patent law. While other provisions, including annuity payment must follow the new patent law.

We will keep you posted.

Best regards,

Patent & Design Department

ACEMARK Intellectual Property