home | sitemap | icon indonesia | icon jepang
Acemark News



news
REGARDING NEW PATENT LAW NO. 13 YEAR 2016
- 2016-10-24 00:00:00

Dear Colleagues,

We would like to update you regarding annuity payment according to Indonesian New Patent Law effective on 26 August 2016. Provisions regarding annuities are: 

  1. First annuities, which is the annuity from filing date to grand date with additional one year, must be paid by 6 (six) months at the latest from the issuance of patent certificate (Article 126 (1)).
  2. Next annuity must be paid by 1 (one) month before the beginning of the next year of period of protection (Article 126(3)).
  3. There is no grace period for late payment. Once the patentee fails to pay, the patent is considered deleted (Article 128(1)).
  4. Late payment of annuity is possible within 12 (twelve) months as of expiry date by filing request for using grace period mechanism. Such request must be filed within 7 (seven) working days before due date (Article 128 (2), (3), and (4)).
  5. Late payment surcharge is 100% (Article 128 (5)). 

Given the above, filing cancellation request for abandoned patents which unpaid annuity due on or after 26 August 2016 is no longer necessary because the relevant patents will be deleted once patent fails to pay annuity.

However, patentees are still obligated to pay the unpaid annuities which are due before 26 August 2016 along with the late surcharge(s). The calculation of late surcharge stops at 25 August 2016 (before new law came into force on 26 August 2016). 

The calculation and transition period to implement the above provisions is further regulated in Circular Letter No. HKI-3-08.OT.02.02 year 2016 which was issued on 30 September 2016 as follow: 

  1. For outstanding annuities [according to old law] due before August 26, 2016, the procedures and calculation of annuity fees and any fines incurred thereof follow old patent law.
  2. For the outstanding annuities [according to old law] due on or after August 26, 2016, the procedures and calculation of annuity fees follow new patent law.
  3. The payment of outstanding annuities categorized in (b) can be made until 30 December 2016. The payment must cover protection period until 2017.
  4. Failure to pay the annuities within the above deadline i.e. 30 December 2016 will lead to deletion of the patent (Article 134 (1) of Patent Law No. 13/2016).

  Illustrations are given below for your easy understanding of the law and circular letter.

Patent No. = IDP0037931

Filing Date = 20 Mar 2006
Granted Date = 04 Mar 2015

Year

Protection Period

Based on Patent Law No. 14/2001

Based on New Patent Law No. 13/2016

Deadline

n Payment

Deadline

n Payment

1

20 Mar 2006 to 19 Mar 2007

2016-03-03

1

2015-09-03

1

2

20 Mar 2007 to 19 Mar 2008

2016-03-03

1

2015-09-03

1

3

20 Mar 2008 to 19 Mar 2009

2016-03-03

1

2015-09-03

1

4

20 Mar 2009 to 19 Mar 2010

2016-03-03

1

2015-09-03

1

5

20 Mar 2010 to 19 Mar 2011

2016-03-03

1

2015-09-03

1

6

20 Mar 2011 to 19 Mar 2012

2016-03-03

1

2015-09-03

1

7

20 Mar 2012 to 19 Mar 2013

2016-03-03

1

2015-09-03

1

8

20 Mar 2013 to 19 Mar 2014

2016-03-03

1

2015-09-03

1

9

20 Mar 2014 to 19 Mar 2015

2016-03-03

1

2015-09-03

1

10

20 Mar 2015 to 19 Mar 2016

2017-03-04

(the 10th annuity due falls after 26 August 2016, so its deadline and the subsequent annuities change to deadline of new law)

2

2015-09-03

(the 10th annuity must be paid by 30 December 2016)

1

11

20 Mar 2016 to 19 Mar 2017

2018-03-04

3

2016-02-21

(the 11th annuity must be paid by 30 December 2016)

2

12

20 Mar 2017 to 19 Mar 2018

2019-03-04

4

2017-02-21

3

13

20 Mar 2018 to 19 Mar 2019

2020-03-04

5

2018-02-21

4

14

20 Mar 2019 to 19 Mar 2020

2021-03-04

6

2019-02-21

5

15

20 Mar 2020 to 19 Mar 2021

2022-03-04

7

2020-02-21

6

16

20 Mar 2021 to 19 Mar 2022

2023-03-04

8

2021-02-21

7

17

20 Mar 2022 to 19 Mar 2023

2024-03-04

9

2022-02-21

8

18

20 Mar 2023 to 19 Mar 2024

2025-03-04

10

2023-02-21

9

19

20 Mar 2024 to 19 Mar 2025

2026-03-04

11

2024-02-21

10

20

20 Mar 2025 to 19 Mar 2026

2027-03-04

12

2025-02-21

11

 

Filing date: 1 May 1999

Granted date: 28 July 2005

Last annuity payment: 16th

Year

Protection Period

DD based on Patent Law No. 14/2001

Has Been Paid

DD based on New Patent Law No. 13/2016

1

01 May 1999 to 30 Apr 2000

2006-07-27

V

2006-01-27

2

01 May 2000 to 30 Apr 2001

2006-07-27

V

2006-01-27

3

01 May 2001 to 30 Apr 2002

2006-07-27

V

2006-01-27

4

01 May 2002 to 30 Apr 2003

2006-07-27

V

2006-01-27

5

01 May 2003 to 30 Apr 2004

2006-07-27

V

2006-01-27

6

01 May 2004 to 30 Apr 2005

2006-07-27

V

2006-01-27

7

01 May 2005 to 30 Apr 2006

2006-07-27

V

2006-01-27

8

01 May 2006 to 30 Apr 2007

2007-07-28

V

2006-01-27

9

01 May 2007 to 30 Apr 2008

2008-07-28

V

2007-04-02

10

01 May 2008 to 30 Apr 2009

2009-07-28

V

2008-04-02

11

01 May 2009 to 30 Apr 2010

2010-07-28

V

2009-04-02

12

01 May 2010 to 30 Apr 2011

2011-07-28

V

2010-04-02

13

01 May 2011 to 30 Apr 2012

2012-07-28

V

2011-04-02

14

01 May 2012 to 30 Apr 2013

2013-07-28

V

2012-04-02

15

01 May 2013 to 30 Apr 2014

2014-07-28

V

2013-04-02

16

01 May 2014 to 30 Apr 2015

2015-07-28

V

2014-04-02

17

01 May 2015 to 30 Apr 2016

2016-07-28

(The 17th annuity falls due before 26 August 2016, so it can be paid until 30 December 2016, but surcharge of 1 month [28 July2016-25 August 2016]* incurs).

[point a of circular letter]

 

2015-04-02

 

 

 

 

 

18

 

 

 

 

 

01 May 2016 to 30 Apr 2017 (protection period till 2017)

[point c of circular letter]

 

 

 

 

 

2017-07-28

(the 18th annuity falls due after 26 August 2016, so its deadline changes to deadline of new law)

[point b of circular letter]

 

 

 

 

 

 

2016-04-02

(the 18th annuity must be paid by 30 December 2016)

[point b of circular letter]

19

01 May 2017 to 30 Apr 2018

2018-07-28

 

2017-04-02

20

01 May 2018 to 30 Apr 2019

2019-07-28

 

2018-04-02

 

 * Calculation of the surcharge stops at 25 August 2016 (before new law came into force on 26 August 2016). So, even the patentee pays the 17th annuity, for example in November 2016, the surcharge would be still only for 1 month (28 July 2016 - 25 August 2016).

 

If you have other queries, please feel free to let us know.

 

 

 

 



logo

Chambers Asia's Leading Lawyers 2010 Band 3 for Intellectual Property



News


THE DGIPO'S NEW POLICY REGARDING PAYMENT FOR THE LAPSED ANNUITY FEE
- 2019-03-07 15:14:10

On 31 January 2019 the Directorate General of Intellectual Property (the DGIP) Office issued a
Circular Letter regarding grace period for late payment of annuity fee. Patentee can still pay
annuity 6 (six) months as from the lapsed deadline.<
ACEMARK Flash News Patent
Jakarta - 2018-07-31 09:00:00

Updated Requirements in Patent Prosecution Highway (PPH) in Indonesia
New trademark and Geographical Indication Law no. 20/2016
- - 2016-12-08 00:00:00

New trademark and Geographical Indication Law no. 20/2016 is now effective since 25 November 2016.


New official fees effective 10 november 2016
- - 2016-11-08 00:00:00

Yesterday, 8 November 2016, Directorate General of Intellectual Property Office (DGIPO) announced enactment of Government Regulation no. 45/2016 concerning with non-taxable state revenue. The new tariffs will be effective as from 10 November 2016.


REGARDING NEW PATENT LAW NO. 13 YEAR 2016
- - 2016-10-24 00:00:00

Dear Colleagues, we would like to update you regarding annuity payment according to Indonesian New Patent Law effective on 26 August 2016. Provisions regarding annuities are: