Dear Colleagues,

As you may already be aware, the new patent law is coming. Please refer below regarding some major changes.

On 28 July 2016, Indonesia house of representative approved the Indonesian patent bill. The present patent law no. 14/2001 is still in force until the new patent law come into force pending for formalization by the Government.

While awaiting the official text of the new patent law, on 16 August 2016, the Indonesian Intellectual Property Association and Directorate General of Intellectual Property held socialization of the new patent law.

The new patent law 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:
a) 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.
b) Next annuity must be paid by 1 month before the next anniversary filing date.
c) 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.
d) 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 updated with the recent development of our patent law and practice. If you have any questions, please feel free to contact us.