The President of the Republic of Indonesia has officially ratified the Draft Law (RUU) on the Third Amendment to Law Number 13 of 2016 on Patents. The ratification took place during a Plenary Meeting held on Monday, September 30, 2024, at the Indonesian Parliament Building in Jakarta.
This amendment is meant as an effort reinforce the patent system in Indonesia, enhance protection for domestic inventions while further aligning with international standards (harmonization with TRIPS Agreement under the World Trade Organization) In line with these goals, Indonesian patent law has undergone several significant revisions over the years. The first major law, Patent Law No. 6/1989, laid the groundwork for patent protection, followed by Patent Law No. 13/1997. The law was further revised in 2001 under Patent Law No. 14/2001, which was amended to ensure compliance with Indonesia’s TRIPS obligations, which was further amended with Patent Law No. 13/2016,
Now with the ratification of Indonesian Patent Law No. 65 of 2024, important changes to Indonesian patent law include changes surrounding formalities documents, grace period of novelty assessment, acceleration of publication, acceleration of substantive examination, the acceptance of use claims, request of judicial review, provision of compulsory license, among others.
Below is the list of compiling all the differences between that Indonesian Patent Law No. 13 of 2016 and Indonesian Patent Law No. 65 of 2024.
| No. | Amendment | After Amendment | Before Amendment |
| 1 | The provisions of number 1 and number 2 of Article 1 are amended and 2 (two) numbers are added, namely number 18 and number 19 so that Article 1 reads as follows: | Article 1 | Article 1 |
| (1) A patent is an exclusive right granted by the state to an inventor for his/her invention in the field of technology for a certain period of time to carry out the invention himself or to give permission to another party to carry it out. | 1. A patent is an exclusive right granted by the state to an inventor for the results of his/her invention in the field of technology for a certain period of time to carry out the invention himself or to give permission to another party to carry it out. | ||
| (2) An invention is an inventor’s idea which is expressed in a specific problem-solving activity in the field of technology in the form of products and/or processes, improvements and/or development of products and/or processes, as well as systems, methods and uses. | 2. An invention is an inventor’s idea that is expressed in a specific problem-solving activity in the field of technology in the form of a product or process, or the improvement and development of a product or process. | ||
| (18) Traditional knowledge is all the ideas and concepts in society, which contain local values as a result of real experience in interacting with the environment, developed continuously, and passed on to the next generation. | NONE | ||
| (19) Genetic Resources are genetic material originating from plants, animals or microorganisms that contain units that function as carriers of hereditary traits that have real or potential value. | NONE | ||
| 2 | The provisions of letter c and letter d of Article 4 are changed, letter f is deleted, and 1 (one) letter is added, namely letter g so that Article 4 reads as follows: | Article 4 | Article 4 |
| The invention does not cover: | c. methods for carrying out activities: 1. involving mental activities; 2. games; and 3. business; | c. rules and methods for carrying out activities: 1. involving mental activities; 2. games; and 3. business. | |
| d. computer programs, except computer-implemented inventions; | d. rules and methods that only contain computer programs; | ||
| f. Deleted; and | f. discovery in the form of: 1. new uses for existing and/or known products; and/or 2. new forms of existing compounds that do not produce significant improvements in efficacy and there are differences in the related chemical structure that are already known from the compound. | ||
| g. theories and methods in the fields of science and mathematics. | NONE | ||
| 3 | The provisions of paragraph (1) of Article 6 are amended so that Article 6 reads as follows: | Article 6 | Article 6 |
| (1) Except for the provisions as referred to in Article 5 paragraph (2), an Invention shall not be deemed to have been announced if within a maximum period of 12 (twelve) months prior to the Acceptance Date, the Invention has been: a. exhibited in an official exhibition or in an exhibition recognized as an official exhibition, whether held in Indonesia or abroad; b. used in Indonesia or abroad by the Inventor in the context of experiments for research and development purposes; and/or c. announced by the Inventor in: 1. scientific sessions in the form of examinations and/or examination stages for undergraduate, graduate, dissertation, or other scientific works; and/or 2. other scientific forums in the context of discussing research results at educational institutions or research institutions. | (1) Except for the provisions as referred to in Article 5 paragraph (2), an Invention shall not be deemed to have been announced if within a maximum period of 6 (six) months prior to the Acceptance Date, the Invention has been: a. exhibited in an official exhibition or in an exhibition recognized as an official exhibition, whether held in Indonesia or abroad; b. used in Indonesia or abroad by the Inventor in the context of experiments for research and development purposes; and/or c. announced by the Inventor in: 1. scientific sessions in the form of examinations and/or examination stages for undergraduate, graduate, dissertation, or other scientific works; and/or 2. other scientific forums in the context of discussing research results at educational institutions or research institutions. | ||
| 4 | The provisions of letter a of Article 9 are changed and letter c is deleted, so that Article 9 reads as follows: | Article 9 | Article 9 |
| Inventions that cannot be patented include: a. processes, products, methods, systems, and uses, the announcement, use, or implementation of which is contrary to laws, religion, public order, or morality; | Inventions that cannot be patented include: a. processes or products whose announcement, use, or implementation is contrary to laws, religion, public order, or morality; | ||
| c. Deleted; | c. theories and methods in the fields of science and mathematics; | ||
| 5 | Explanation of paragraph (3) of Article 14 is amended as stated in the explanation. | Article 14 | Article 14 |
| Explanation of paragraph (3) of Article 14: The invention shall truly be the result of activities carried out in good faith by the person who first uses the invention. Definition of “claim” is the part of the application that describes the core of the invention for which legal protection is requested, which shall be described clearly, consistently, and shall be supported by a description. | Explanation of paragraph (3) of Article 14: The invention shall truly be the result of activities carried out in good faith by the person who first uses the invention. | ||
| 6 | The provisions of paragraph (1) of Article 19 are amended so that Article 19 reads as follows: | Article 19 | Article 19 |
| (1) Patent holders have exclusive rights to implement their patents, to grant permission to implement their patents to other parties, and to prohibit other parties who, without their consent: a. in the case of product patents: make, use, sell, import, rent, hand over, or provide for sale or rent or hand over patented products; b. in the case of process patents: use the patented production process to make goods or other actions as referred to in letter a; and c. in the case of method, system, and use patents: use the patented methods, systems, and uses to make goods or other actions as referred to in letter a. | (1) Patent holders have exclusive rights to implement their patents and to prohibit other parties who, without their consent: a. in the case of product patents: make, use, sell, import, rent, hand over, or provide for sale or rent or hand over patented products; b. in the case of process patents: use the patented production process to make goods or other actions as referred to in letter a. | ||
| 7 | Between Article 20 and Article 21, 1 (one) Article is inserted, namely Article 20A, so it reads as follows: | Article 20A | Article 20A |
| Patent holders as referred to in Article 20 shall make a statement regarding the implementation of the Patent in Indonesia and notify the Minister no later than the end of each year. | NONE | ||
| 8 | Between paragraph (2) and paragraph (3) of Article 24, 1 (one) paragraph is inserted, namely paragraph (2a) so that Article 24 reads as follows: | Article 24 | Article 24 |
| (2a) If the Application as referred to in paragraph (2) is submitted with a claim amount of more than 10 (ten), a fee will be charged for the excess claims. | NONE | ||
| 9 | The provisions of paragraph (1), paragraph (2) letter c, and paragraph (4) of Article 25 are changed, paragraph (2) letter g is deleted, and paragraph (2) is added with 1 (one) letter, namely letter j so that Article 25 reads as follows: | Article 25 | Article 25 |
| (1) The application as referred to in Article 24 shall contain at least: a. date, month, and year of the application letter; b. name, full address, and nationality of the applicant, in the case where the applicant is not a legal entity; c. name and full address of the applicant, in the case where the applicant is a legal entity; d. name, full address, and nationality of the inventor; e. name and full address of the attorney, in the case where the application is submitted through an attorney; f. title of the invention; and g. name of the country and the first date of receipt of the application, in the case where the application is submitted with priority rights. | (1) The application as intended in Article 24, at least contains: a. date, month and year of the application letter; b. name, complete address, and nationality of the Inventor; c. name, complete address and nationality of the Applicant in the event that the Applicant is not a legal entity; d. full name and address of the Applicant in the event that the Applicant is a legal entity; e. name and complete address of the Proxy in the event that the Application is submitted through the Proxy; and f. name of country and date of receipt of the first application in the case of an application submitted with priority rights. | ||
| (2) The application as referred to in paragraph (1) shall be accompanied by: a. title of the invention; b. description of the invention; c. claim of the invention; d. abstract of the invention; e. drawings mentioned in the description that are required to clarify the invention, if the application is accompanied by drawings; f. power of attorney in the case of an application submitted through a proxy; g. deleted; h. letter of transfer of ownership of the invention in the case of an application submitted by an applicant who is not an inventor; i. proof of storage of microorganisms in the case of an application related to microorganisms; and j. statement of origin of genetic resources and/or traditional knowledge if the invention is related to genetic resources and/or traditional knowledge. | (2) The application as referred to in paragraph (1) shall be accompanied by the following requirements: a. title of the invention; b. description of the invention; c. claim or claims of the invention; d. abstract of the invention; e. drawings mentioned in the description that are required to clarify the invention, if the application is accompanied by drawings; f. power of attorney in the case of an application submitted through a proxy; g. statement of ownership of the invention by the inventor; h. letter of transfer of ownership of the invention in the case of an application submitted by an applicant who is not the inventor; and i. proof of storage of microorganisms in the case of an application related to microorganisms. | ||
| (4) The claim for an invention as referred to in paragraph (2) letter c must clearly and consistently disclose the essence of the invention, and be supported by the description as referred to in paragraph (3). | (4) The claim or several claims of the Invention as referred to in paragraph (2) letter c must clearly and consistently disclose the essence of the Invention, and be supported by the description as referred to in paragraph (3). | ||
| 10 | The provisions of Article 26 are amended to read as follows: | Article 26 | Article 26 |
| (1) If the Invention is related to and/or originates from Genetic Resources and/or Traditional Knowledge, information on the origin of the Genetic Resources and/or Traditional Knowledge shall be clearly and correctly stated. | (1) If the invention is related to and/or originates from genetic resources and/or traditional knowledge, the origin of the genetic resources and/or traditional knowledge shall be clearly and correctly stated in the description. | ||
| (2) Information on the origin of Genetic Resources and/or Traditional Knowledge as referred to in paragraph (1) is recorded and announced electronically and/or non-electronically. | (2) Information on genetic resources and/or traditional knowledge as referred to in paragraph (1) is determined by an official institution recognized by the government. | ||
| (3) The information referred to in paragraph (2) is intended for consideration of the sharing of results and/or access to the use of Genetic Resources and I or Traditional Knowledge. | |||
| (4) Distribution of results and/or access to the use of Genetic Resources and/or Traditional Knowledge as referred to in paragraph (3) is carried out in accordance with the provisions of laws and regulations and international agreements in the field of Genetic Resources and Traditional Knowledge. | (3) Distribution of results and/or access to the use of genetic resources and/or traditional knowledge as referred to in paragraph (1) is carried out in accordance with laws and regulations and international agreements in the field of genetic resources and traditional knowledge. | ||
| 11 | The provisions of Article 28 are amended to read as follows: | Article 28 | Article 28 |
| (1) Applications submitted by applicants who do not reside or do not have permanent domicile in the territory of the Unitary State of the Republic of Indonesia shall be submitted through a Power of Attorney. | Applications submitted by applicants who do not reside or have no permanent domicile in the territory of the Republic of Indonesia shall be submitted through their attorney in Indonesia. | ||
| (2) The applicant as referred to in paragraph (1) is required to state and select the address of the Attorney as the legal domicile in Indonesia. | |||
| 12 | The provisions of Article 30 have been supplemented with 1 (one) paragraph, namely paragraph (5), so that Article 30 reads as follows: | Article 30 | Article 30 |
| (5) In the event that an Application with Priority Rights as referred to in paragraph (1) is not submitted within a period of 12 (twelve) months, the Application may still be submitted within a period of no later than 4 (four) months from the end of the period for submitting Priority Rights by paying a fee. | NONE | ||
| 13 | The provisions of paragraph (2), paragraph (3), and paragraph (4) of Article 34 are changed, between paragraph (3) and paragraph (4) 1 (one) paragraph is inserted, namely paragraph (3a), and added 1 (one) paragraph, namely paragraph (5) so that Article 34 reads as follows: | Article 34 | Article 34 |
| (2) The minimum requirements as referred to in paragraph (1) include: a. Application data as referred to in Article 25 paragraph (1); b. Application data as referred to in Article 25 paragraph (2) letters a to e; c. proof of payment of Application fees; and d. additional claim fees if submitted with a claim amount of more than 10 (ten). | (2) The minimum requirements as referred to in paragraph (1) include: a. Application data as referred to in Article 25 paragraph (1); b. Application data as referred to in Article 25 paragraph (2) letters a to e; and c. proof of payment of Application fees. | ||
| (3) In the case of a description of the Invention as referred to in Article 25 paragraph (2) letter b written in a foreign language, the following provisions apply: a. if the description is written in a foreign language other than English, the description shall be accompanied by a translation in English and Indonesian; or b. if the description is written in English, the description shall be accompanied by a translation in Indonesian. | (3) In the case of a description of the Invention as referred to in Article 25 paragraph (2) letter b being written in a foreign language, the description shall be accompanied by a translation into Indonesian and shall be submitted no later than 30 (thirty) days from the Receipt Date as referred to in paragraph (1). | ||
| (3a) The translation of the description as referred to in paragraph (3) shall be submitted no later than 30 (thirty) days from the date of receipt as referred to in paragraph (1). | NONE | ||
| (4) If the description of the Invention written in a foreign language other than English is not accompanied by a translation into English and Indonesian as referred to in paragraph (3) letter a by the time limit as referred to in paragraph (3a), the Application in question is deemed to be withdrawn. | (4) If the description of the invention written in a foreign language is not accompanied by an Indonesian translation by the time limit as referred to in paragraph (3), the application in question is deemed to have been withdrawn. | ||
| (5) If the description of the Invention written in English is not accompanied by a translation into Indonesian as referred to in paragraph (3) letter b by the time limit as referred to in paragraph (3a), the Application in question is deemed to be withdrawn. | NONE | ||
| 14 | The provisions of paragraph (3) of Article 35 are deleted and the provisions of paragraph (4), paragraph (5), and paragraph (6) are amended, so that Article 35 reads as follows: | Article 35 | Article 35 |
| (3) Deleted. | (3) The extension period as referred to in paragraph (2) may be extended for a maximum of 1 (one) month after the end of the period, subject to a fee. | ||
| (4) To obtain an extension of the time period as referred to in paragraph (2), the Applicant shall submit a written application to the Minister accompanied by reasons before the time limit as referred to in paragraph (1) or paragraph (2) expires. | (4) To obtain an extension of the time period as referred to in paragraph (2) and paragraph (3), the Applicant shall submit a written application to the Minister accompanied by reasons before the time limit as referred to in paragraph (1) or paragraph (2) expires. | ||
| (5) In the event of an emergency, the Applicant may submit a written request for an extension of the time period other than that referred to in paragraph (2) accompanied by supporting evidence to the Minister. | (5) In the event of an emergency, the Applicant may submit a request for an extension of the time period other than that referred to in paragraph (2) and paragraph (3) in writing accompanied by supporting evidence to the Minister. | ||
| (6) The Minister may grant an extension of the time period as referred to in paragraph (5) for a maximum of 6 (six) months after the end of the time period as referred to in paragraph (2). | (6) The Minister may grant an extension of the time period as referred to in paragraph (5), no later than 6 (six) months after the end of the time period as referred to in paragraph (3). | ||
| 15 | The provisions of Article 36 are amended to read as follows: | Article 36 | Article 36 |
| (1) If within the time period as referred to in Article 35 paragraph (1), paragraph (2), or paragraph (6) the Applicant does not complete the requirements and completeness of the Application, the Minister will notify the Applicant in writing that the Application is deemed to be withdrawn. | If the Applicant does not complete the requirements and completeness of the Application within the time period as referred to in Article 35 paragraph (1), paragraph (2), paragraph (3), and/or paragraph (6), the Minister will notify the Applicant in writing that the Application is deemed to be withdrawn. | ||
| (2) If the Application is deemed to be withdrawn as referred to in paragraph (1), the Applicant may resubmit the Application subject to a fee. | |||
| (3) A re-application as referred to in paragraph (2) may be submitted no later than 6 (six) months from the date of the notification letter that the application is deemed to be withdrawn. | |||
| (4) The re-application as referred to in paragraph (2) is submitted only to complete the requirements and/or completeness of the Application. | |||
| 16 | The provisions of paragraph (1) and paragraph (2) of Article 39 are changed and between paragraph (2) and paragraph (3) 1 (one) paragraph is inserted, namely paragraph (2a) so that Article 39 reads as follows: | Article 39 | Article 39 |
| (1) Applications can make changes to: a. Application data as intended in Article 25 paragraph (1) letters a to f; and/or b. Application data as intended in Article 25 paragraph (2). | (1) Applications can make changes to: a. Application data as intended in Article 25 paragraph (1) letter b, letter e, and/or letter f; and/or b. Application data as intended in Article 25 paragraph (2) letters a to e. | ||
| (2) Changes to the attachments to the Application as referred to in Article 25 paragraph (2) letters a to e may be made provided that the changes do not expand the scope of the Invention that was submitted in the previous Application. | (2) Changes to the description of the Invention and/or claims or several claims of the Invention as referred to in Article 25 paragraph (2) letters b and c may be made provided that the changes do not expand the scope of the Invention that has been submitted in the previous Application. | ||
| (2a) Changes as referred to in paragraph (1) and paragraph (2) are subject to a fee. | NONE | ||
| 17 | Between paragraph (2) and paragraph (3) of Article 43, 3 (three) paragraphs are inserted, namely paragraph (2a), paragraph (2b), and paragraph (2c) and paragraph (3) is changed, so that Article 43 reads as follows: | Article 43 | Article 43 |
| (2a) In the event of withdrawal of an Application as referred to in paragraph (2), the Minister shall issue a notification letter stating that the Application has been withdrawn. | NONE | ||
| (2b) The applicant may re-submit an application for an application that has been withdrawn as referred to in paragraph (2a) subject to a fee. | NONE | ||
| (2c) Re-applications shall be submitted no later than 6 (six) months from the date of the notification letter as referred to in paragraph (2a). | NONE | ||
| (3) Further provisions regarding the procedures for withdrawing an Application are regulated by Ministerial Regulation. | (3) Provisions regarding the procedures for withdrawing an application are regulated by Ministerial Regulation. | ||
| 18 | The provisions of paragraph (3) of Article 46 are amended so that Article 46 reads as follows: | Article 46 | Article 46 |
| (3) In certain cases in accordance with the provisions of statutory regulations, the announcement as referred to in paragraph (2) may be made at the earliest 3 (three) months from the Date of Receipt of the Applicant’s request and is subject to a fee. | (3) In certain cases in accordance with the provisions of statutory regulations, the announcement as referred to in paragraph (2) may be made at the earliest 6 (six) months from the Receipt Date upon request from the Applicant accompanied by reasons and subject to a fee. | ||
| 19 | The provisions of paragraph (2) of Article 48 have been supplemented with 1 (one) letter, namely the letter j, so that Article 48 reads as follows: | Article 48 | Article 48 |
| (2) The announcement shall be made by stating: a. name and nationality of the Inventor; b. full name and address of the Applicant and Attorney in the case of an Application submitted through an Attorney; c. title of the Invention; d. Acceptance Date or priority date, number, and country where the application was first submitted in the case of an Application submitted with Priority Rights; e. abstract of the Invention; f. classification of the Invention; g. image, in the case of an Application accompanied by an image; h. announcement number; i. Application number; and j. the origin of the Genetic Resources and/or Traditional Knowledge, in the case of an Application related to Genetic Resources and/or Traditional Knowledge. | (2) The announcement is made by stating: a. name and nationality of the Inventor; b. full name and address of the applicant and the Attorney in the case of an Application submitted through an Attorney; c. title of the Invention; d. Acceptance Date or priority date, number, and country where the application was first submitted in the case of an Application submitted with Priority Rights; e. abstract of the Invention; f. classification of the Invention; g. image, in the case of an Application accompanied by an image; h. announcement number; i. Application number. | ||
| 20 | The provisions of Article 54 are amended to read as follows: | Article 54 | Article 54 |
| Substantive examination is carried out based on the provisions of Article 3 paragraph (1), Article 4, Article 5, Article 7, Article 8, Article 9, Article 24 paragraph (3), Article 25 paragraph (3) and paragraph (4), and Article 39 paragraph (2). | Substantive examinations are carried out based on the provisions of Article 3 paragraph (1), Article 4, Article 5, Article 7, Article 8, Article 9, Article 25 paragraph (3) and paragraph (4), Article 26, Article 39 paragraph (2), Article 40, and Article 41. | ||
| 21 | Between Article 55 and Article 56, 1 (one) Article is inserted, namely Article 55A, so it reads as follows: | Article 55A | Article 55A |
| (1) Substantive examination as referred to in Article 51 may be carried out earlier after the Application is declared complete. | NONE | ||
| (2) The earlier substantive examination as referred to in paragraph (1) is submitted through an application to the Minister and subject to a fee. | NONE | ||
| (3) An application for an early substantive examination as referred to in paragraph (2) shall be submitted no later than before the application is announced. | NONE | ||
| (4) The results of the earlier substantive examination as referred to in paragraph (1) shall be provided after the announcement period as referred to in Article 48 paragraph (1) has ended. | NONE | ||
| (5) If during the announcement period there are views and/or objections, the Application is made through the mechanism as intended in Article 49. | NONE | ||
| (6) The results of the earlier substantive examination as referred to in paragraph (5) shall be provided no later than 30 (thirty) months after the announcement period as referred to in Article 48 paragraph (1) ends. | NONE | ||
| (7) Further provisions regarding the conditions and procedures for early substantive examinations are regulated by Ministerial Regulation. | NONE | ||
| 22 | In Chapter V, 1 (one) part is added, namely Part Four, so it reads as follows: | CHAPTER V Part Four Substantive Re-Examination | |
| 23 | Between Article 63 and Article 64, 1 (one) Article is inserted, namely Article 63A, so it reads as follows: | Article 63A | Article 63A |
| (1) A request for a substantive re-examination shall be submitted in writing to the Minister and a fee will be charged. | NONE | ||
| (2) Substantive re-examination as referred to in paragraph (1) may be submitted for: a. rejection of the Application; b. correction of the description, claims, and/or drawings after the application has been granted a Patent; c. decision to grant a Patent; d. withdrawal; and/or e. deemed to be withdrawn. | NONE | ||
| (3) Substantive re-examination of the decision to grant a Patent as referred to in paragraph (2) letter c may only be submitted by the Applicant or his Attorney. | NONE | ||
| (4) An application for re-examination of the substantive examination as referred to in paragraph (2) letters a, b, c, and e shall be submitted no later than 9 (nine) months from the date of the decision to grant, reject, or deem the application withdrawn. | NONE | ||
| (5) An application for re-examination of the substantive examination as referred to in paragraph (2) letter d shall be submitted no later than 2 (two) months from the date of the decision to withdraw the Application. | NONE | ||
| (6) The Minister is obliged to issue a decision to approve or reject the request for re-substantive examination as referred to in paragraph (1) no later than 12 (twelve) months from the date of the request for re-substantive examination. | NONE | ||
| (7) Further provisions regarding the conditions and procedures for re-substantive examination as referred to in paragraph (1) are regulated by Ministerial Regulation. | NONE | ||
| 24 | The provisions of Article 66 are amended to read as follows: | Article 66 | Article 66 |
| Further provisions regarding the requirements and procedures for the appointment and dismissal of members, organizational structure, duties, functions, and authorities of the Patent Appeal Commission are regulated by Government Regulation. | Further provisions regarding the membership, duties, functions and authority of the Patent Appeal Commission are regulated by the Ministerial Regulation. | ||
| 25 | The provisions of Article 67 have been supplemented with 2 (two) paragraphs, namely paragraph (3) and paragraph (4) so that Article 67 reads as follows: | Article 67 | Article 67 |
| (3) In the case of an appeal against a decision to grant a Patent as referred to in paragraph (1) letter c being submitted by an appellant who does not reside or has no permanent domicile in the territory of the Unitary State of the Republic of Indonesia, the appeal shall be submitted through a Power of Attorney. | NONE | ||
| (4) In the event that the person appealing against the decision to grant a Patent as referred to in paragraph (1) letter c does not reside or has no permanent domicile in the territory of the Unitary State of the Republic of Indonesia, the person appealing shall appoint an Attorney. | NONE | ||
| 26 | The provisions of paragraph (1) and paragraph 8) of Article 68 are amended so that Article 68 reads as follows: | Article 68 | Article 68 |
| (1) An appeal against a rejection of an Application shall be submitted no later than 3 (three) months from the date of sending the notification letter of rejection of the Application or the notification letter of rejection of the substantive re-examination. | (1) An appeal against a rejection of an application shall be submitted no later than 3 (three) months from the date of sending the notification letter of rejection of the application. | ||
| (8) Attachments to the Patent certificate as referred to in paragraph (7) are recorded and announced by the Minister via electronic and/or non-electronic media. | (8) In the event that an appeal against the rejection of the Application is accepted as referred to in paragraph (7), the Minister will record and announce it via electronic media and/or non-electronic media. | ||
| 27 | Paragraph 3 of Part Two of Chapter VI is amended to read as follows: | Paragraph 3 | Paragraph 3 |
| Appeal against Correction of Description, Claims, and/or Drawings After Patent Application or Substantive Examination Decision Re-issued | Appeal against Correction of Description, Claims and/or Drawings After Patent Application is Granted | ||
| 28 | The provisions of paragraph (1), paragraph (3), paragraph (7], and paragraph (8) of Article 69 are amended and 1 (one) paragraph is added, namely paragraph (9) so that Article 69 reads as follows: | Article 69 | Article 69 |
| (1) An appeal against corrections to the description, claims and/or drawings after the Application for a Patent has been granted shall be submitted within 3 (three) months from the date of sending the notification letter that the Patent may be granted or the notification letter regarding the decision on re-substantive examination. | (1) An appeal against corrections to the description, claims and/or drawings after a patent application has been granted shall be filed within 3 (three) months from the date of sending the notification letter that the patent may be granted. | ||
| (3) The Patent Appeal Commission shall begin examining an appeal application regarding corrections to the description, claims and/or drawings within a maximum of 1 (one) month from the date the application as referred to in paragraph (1) is received. | (3) The Patent Appeal Commission shall begin examining an appeal application against corrections to the description, claims, and/or drawings after the application has been granted a Patent within a maximum period of 1 (one) month from the date of receipt of the appeal application. | ||
| (7) If the Patent Appeal Commission Decision accepts an appeal request regarding corrections to the description, claims and/or drawings as referred to in paragraph (6), the Minister will follow up by changing the certificate attachment. | (7) If the Patent Appeal Commission decides to accept an appeal against corrections to the description, claims and/or drawings after the application has been granted a Patent, the Minister will follow up by changing the certificate attachment. | ||
| (8) The certificate attachments as referred to in paragraph (7) are recorded and announced by the Minister via electronic media and/or non-electronic media. | (8) In the event that an appeal request regarding corrections to the description, claim and/or image is received as referred to in paragraph (7), the Minister will record and announce it via electronic and/or non-electronic media. | ||
| (9) An appeal against corrections to the description, claim and/or image as referred to in paragraph (1) cannot be submitted to the Commercial Court. | NONE | ||
| 29 | The provisions of paragraph (2), paragraph (5), paragraph (6), and paragraph (9) are changed and 1 (one) paragraph is added, namely paragraph (10), so that Article 70 reads as follows: | Article 70 | Article 70 |
| (2) An appeal application against a decision to grant a Patent or a decision to grant a Patent based on a substantive examination shall be re-submitted within a maximum period of 9 (nine) months from the date of notification that the Patent was granted. | (2) An appeal against a decision to grant a patent shall be submitted within a maximum period of 9 (nine) months from the date of notification that the patent was granted. | ||
| (5) In an appeal against a decision to grant a patent as referred to in paragraph (1), the objections and reasons shall be described in full, accompanied by strong supporting evidence. | (5) In an appeal against a decision to grant a patent as referred to in paragraph (1), the objections and reasons shall be fully described, accompanied by strong supporting evidence. | ||
| (6) The decision of the Patent Appeal Commission shall be made no later than 9 (nine) months from the date of commencement of the examination of the appeal application as referred to in paragraph (4). | (6) The decision of the Patent Appeal Commission shall be made no later than 9 (nine) months from the date of commencement of the appeal examination as referred to in paragraph (4). | ||
| (9) Changes to the Patent certificate attachments as referred to in paragraph (7) and the revocation of the Patent certificate as referred to in paragraph (8) are recorded and announced by the Minister via electronic and/or non-electronic media. | (9) Regarding the decision of the Patent Appeal Commission as referred to in paragraph (7) or paragraph (8), the Minister will record and announce it via electronic media and/or non-electronic media. | ||
| (10) A decision regarding the granting of a patent that is currently being examined by the Patent Appeal Commission cannot be appealed to the Commercial Court. | NONE | ||
| 30 | Between Article 71 and Article 72, 1 (one) Article is inserted, namely Article 71A, so it reads as follows: | Article 71A | Article 71A |
| Further provisions regarding the procedures for applying, examining and resolving patent appeals are regulated by Government Regulation. | NONE | ||
| 31 | The provisions of paragraph (1) of Article 72 are changed and paragraph (2) is deleted, so that Article 72 reads as follows: | Article 72 | Article 72 |
| (1) The applicant, respondent or their attorney may file a lawsuit against the decision of the Patent Appeal Commission with the Commercial Court within a maximum period of 3 (three) months from the date of sending the decision letter. | (1) The applicant or his attorney may file a lawsuit against the Patent Appeal Commission’s decision to reject the application with the Commercial Court within a maximum of 3 (three) months from the date of sending the letter of notification of rejection. | ||
| (2) Deleted. | (2) Notification of rejection as referred to in paragraph (1) includes rejection of a Patent appeal application for: a. rejection of the Application; b. correction of the description, claims and/or drawings; and c. decision to grant a Patent. | ||
| 32 | Article 73 is deleted | Article 73 | Article 73 |
| Deleted. | Further provisions regarding the procedures for applications, examination and settlement of patent appeals and appeals against the granting of patents are regulated by Ministerial Regulations. | ||
| 33 | The provisions of Article 81 are amended to read as follows: | Article 81 | Article 81 |
| (1) Compulsory licenses are granted based on the principle of utility and are non-exclusive. | Compulsory licenses are non-exclusive. | ||
| (2) The granting of a compulsory license as referred to in paragraph (1) shall be carried out with the following provisions: a. the scope of the granting of a compulsory license is limited according to the purpose of granting the compulsory license; and b. the period of granting a compulsory license is limited according to the purpose of granting the compulsory license. | |||
| (3) The granting of a compulsory license as referred to in paragraph (1) cannot be transferred, except in relation to parts or assets of the company that obtained the compulsory license. | |||
| (4) The granting of compulsory licenses as referred to in paragraph (1) is prioritized to meet domestic market needs. | |||
| 34 | Between Article 82 and Article 83, 1 (one) Article is inserted, namely Article 82A, so it reads as follows: | Article 82A | Article 82A |
| In the case of a compulsory license being filed based on the reasons referred to in Article 82 paragraph (1) letter c, the following provisions shall apply: a. The invention claimed in the second patent shall have important technical improvements with significant economic significance, in relation to the invention claimed in the first patent; b. Patent holders have the right to grant licenses to each other to use the patents of other parties based on reasonable conditions; and c. The compulsory license in the first patent cannot be transferred except together with the second patent. | NONE | ||
| 35 | Between Article 84 and Article 85, 1 (one) Article is inserted, namely Article 84A, so it reads as follows: | Article 84A | Article 84A |
| The provisions for granting a compulsory license as referred to in Article 81 paragraph (4) and Article 84 paragraph (1) letter b are exempted in the event of a decision by the Business Competition Supervisory Commission which has permanent legal force that the implementation of a patent is proven to have resulted in monopolistic practices and/or unfair business competition. | NONE | ||
| 36 | Article 85 is deleted | Article 85 | Article 85 |
| Deleted. | In the event that a Compulsory License is filed based on the reasons referred to in Article 82 paragraph (1) letter c then: a. Patent holders have the right to grant licenses to each other to use the Patents of other parties based on reasonable conditions; and b. the use of the Patent by the Licensee cannot be transferred unless it is transferred together with another Patent. | ||
| 37 | Article 93 is deleted | Article 93 | Article 93 |
| Deleted. | (1) The Minister may grant a compulsory license to produce patented pharmaceutical products in Indonesia for the treatment of human diseases. | ||
| Deleted. | (2) The Minister may grant a compulsory license for the import of pharmaceutical products that have been patented in Indonesia but cannot yet be produced in Indonesia for the treatment of human diseases. | ||
| Deleted. | (3) The Minister may grant a compulsory license to export patented pharmaceutical products manufactured in Indonesia for the treatment of human diseases based on requests from developing or underdeveloped countries. | ||
| 38 | The provisions of paragraph (2) of Article 103 have been supplemented with 1 (one) letter, namely letter d, and paragraph (4) has been changed so that Article 103 reads as follows: | Article 103 | Article 103 |
| (2) In addition to the completion of the Compulsory License period and the Commercial Court decision canceling the granting of the Compulsory License as referred to in paragraph (1), the Compulsory License also ends due to cancellation based on a Ministerial Decree upon the request of the Patent Holder if: a. the reasons used as the basis for granting the Compulsory License are NONE anymore; b. the recipient of the Compulsory License does not implement the Compulsory License or does not make appropriate preparatory efforts to immediately implement the Compulsory License; c. the recipient of the Compulsory License does not comply with other terms and conditions; or d. the granting of the Compulsory License is proven to be unable to prevent the implementation of the Patent in a form and manner that is detrimental to the interests of the community within 2 (two) years from the date of granting the Compulsory License in question or from the date of granting the first Compulsory License, in the case of several Compulsory Licenses being granted. | (2) In addition to the completion of the compulsory License period and the Commercial Court decision canceling the granting of the compulsory License as referred to in paragraph (1), the compulsory License also ends due to cancellation based on a Ministerial Decree upon the request of the Patent Holder if: a. the reason used as the basis for granting the compulsory License is NONE anymore; b. the recipient of the compulsory License does not implement the compulsory License or does not make appropriate preparatory efforts to immediately implement the compulsory License; or c. the recipient of the compulsory License does not comply with other terms and conditions. | ||
| (4) Other terms and conditions that shall be adhered to by the recipient of a compulsory license as referred to in paragraph (2) letter c may be: a. payment of a fee; or b. compliance with the scope of the license, as stipulated in the Ministerial Decree regarding the granting of a compulsory license. | (4) Other terms and conditions that shall be adhered to by the recipient of a compulsory license as referred to in paragraph (2) letter c may be: a. payment of a fee; or b. compliance with the scope of the license, as stipulated in the decision to grant a compulsory license. | ||
| 39 | The provisions of paragraph (2) of Article 108 are amended so that Article 108 reads as follows: | Article 108 | Article 108 |
| (2) The terms and procedures for submitting patent rights as an object of fiduciary guarantee are implemented in accordance with the provisions of laws and regulations in the field of fiduciary guarantees. | (2) Provisions regarding the terms and procedures for patent rights as an object of fiduciary guarantee are regulated by Government regulations. | ||
| 40 | The provisions of paragraph (1) letter b and paragraph (2) of Article 109 are amended, and 2 (two) paragraphs are added, namely paragraph (5) and paragraph (6) so that Article 109 reads as follows: | Article 109 | Article 109 |
| (1) The government can implement its own Patents in Indonesia based on considerations: a. related to national defense and security; or b. urgent needs for the benefit of the community. | (1) The government can implement patents in Indonesia itself based on considerations: a. related to national defense and security; or b. very urgent needs for the benefit of the community. | ||
| (2) Implementation of Patents by the Government as referred to in paragraph (1) is carried out on a limited basis, prioritized to meet domestic needs, and is non-commercial in nature. | (2) Implementation of Patents by the government as referred to in paragraph (1) is carried out on a limited basis, to meet domestic needs, and is non-commercial in nature. | ||
| (5) In the event that the Government does not or has not yet implemented the Patent itself as referred to in paragraph (1) letter a, implementation of the Patent may only be carried out by the Patent Holder with the Government’s approval. | NONE | ||
| (6) Patent holders as referred to in paragraph (5) are exempted from the obligation to pay annual fees until the patent can be implemented. | NONE | ||
| 41 | The provisions of letter a of Article 111 are amended so that Article 111a reads as follows: | Article 111 | Article 111 |
| Implementation of Patents by the Government as referred to in Article 109 paragraph (1) letter b includes:: | a. pharmaceutical products, medical devices, and/or biotechnology that are expensive and/or needed to combat diseases that can result in sudden death in large numbers, cause significant disability, and/or constitute a public health emergency; | a. pharmaceutical and/or biotechnology products that are expensive and/or needed to combat diseases that can cause sudden death in large numbers, cause significant disability, and constitute a Public Health Emergency of Global Concern (KKMMD); | |
| 42 | Between Article 111 and Article 112, 1 (one) Article is inserted, namely Article 111A, so it reads as follows: | Article 111 A | Article 111 |
| (1) The Minister may decide on the implementation of Patents by the Government for the import of pharmaceutical products that have been granted a Patent in Indonesia but cannot yet be produced in Indonesia for the treatment of human diseases. | NONE | ||
| (2) The Minister may decide on the implementation of Patents by the Government to export pharmaceutical products that have been granted Patents and produced in Indonesia for the treatment of human diseases based on requests from developing or underdeveloped countries. | NONE | ||
| 43 | The provisions of paragraph (2) of Article 112 are amended so that Article 112 reads as follows: | Article 112 | Article 112 |
| In the case of the implementation of a Patent by the Government for urgent needs in the interests of the community as referred to in Article 109 paragraph (1) letter b and Article 111, this does not reduce the rights of the Patent Holder to exercise his exclusive rights as referred to in Article 19. | In the case of the implementation of a Patent by the government for urgent needs in the interests of the community as referred to in Article 109 paragraph (1) letter b and Article 111, this does not reduce the rights of the Patent Holder to exercise his exclusive rights as referred to in Article 19. | ||
| 44 | The provisions of paragraph (2), paragraph (3), and paragraph (4) of Article 126 are amended, so that Article 126 reads as follows: | Article 126 | Article 126 |
| (2) Payment of annual fees as referred to in paragraph (1) for Patents and simple Patents, includes annual fees paid for the first year from the Acceptance Date until the year the Patent is granted plus annual fees for the following 1 (one) year. | (2) Payment of annual fees as referred to in paragraph (1) for patents and simple patents, includes annual fees paid for the first year from the receipt date until the year the patent is granted plus annual fees for the following year. | ||
| (3) Subsequent annual fee payments shall be made every year and shall be made no later than 1 (one) month before the same date as the Receipt Date for the following year’s protection period. | (3) Subsequent annual fee payments shall be made no later than 1 (one) month before the same date as the receipt date for the following year’s protection period. | ||
| (4) Payment of annual fees that exceeds the time limit as referred to in paragraph (3) is given a grace period of 6 (six) months and is subject to a fine of 100% (one hundred percent) calculated from the amount of annual fees owed. | (4) Exceptions to the payment of annual fees as referred to in paragraph (2) are regulated by Government regulations. | ||
| 45 | The provisions of paragraph (1) of Article 128 are amended and paragraph (2), paragraph (3), paragraph (4), paragraph (5), and paragraph (6) are deleted, so that Article 128 reads as follows: | Article 128 | Article 128 |
| (1) If the annual fee has not been paid within the specified time period as referred to in Article 126, the Patent shall be declared Deleted. | (1) In the event that the annual fee as referred to in Article 126 has not been paid within the specified time period, the Patent shall be declared Deleted. | ||
| (2) Deleted. | (2) A postponement of payment of annual fees may be requested by the Patent Holder by submitting a letter of application to use the grace period mechanism to the Minister. | ||
| (3) Deleted. | (3) The application letter as referred to in paragraph (2) shall be submitted no later than 7 (seven) days before the due date for payment of the annual fee. | ||
| (4) Deleted. | (4) Patent holders who submit an application letter as referred to in paragraph (2) shall pay the annual fee within a grace period of no more than 12 (twelve) months from the date of the end of the deadline for payment of the annual patent fee.. | ||
| (5) Deleted. | (5) Payment of the annual fee as referred to in paragraph (3) is subject to an additional fee of 100% (one hundred percent) calculated from the total annual fee payment. | ||
| (6) Deleted. | (6) As long as the Patent Holder has not made payment of the annual fee within the grace period as referred to in paragraph (4): a. The Patent Holder may not prohibit third parties from carrying out the actions referred to in Article 19 and from licensing and transferring the Patent to third parties; b. Third parties may not carry out the actions referred to in Article 19; and c. The Patent Holder may not file a civil lawsuit or criminal lawsuit. | ||
| 46 | Between Article 128 and Article 129, 1 (one) Article is inserted, namely Article 128A so it reads as follows: | Article 128A | Article 128A |
| Further provisions regarding the payment procedures and grace period for payment of annual fees as referred to in Article 126 are regulated by Government Regulation. | |||
| 47 | The provisions of paragraph (1) letter b, paragraph (2), and paragraph (4) of Article 132 are changed, paragraph (1) letter d is deleted, and between paragraph (2) and paragraph (3) 1 (one) paragraph is inserted, namely paragraph (2a) so that Article 132 reads as follows: | Article 132 | Article 132 |
| (1) Patent deletion based on a court decision as referred to in Article 130 letter b is carried out if: a. The patent according to the provisions as referred to in Article 3, Article 4, or Article 9 should not have been granted; b. The patent holder has bad faith in disclosing information on the origin of Genetic Resources and/or Traditional Knowledge as referred to in Article 26; c. The patent in question is the same as another patent that has been granted to another party for the same invention; or d. deleted; e. The patent holder violates the provisions as referred to in Article 20. | (1) Revocation of a Patent based on a court decision as referred to in Article 130 letter b is carried out if: a. The patent according to the provisions as referred to in Article 3, Article 4, or Article 9 should not have been granted; b. The patent originating from genetic resources and/or traditional knowledge does not meet the provisions as referred to in Article 26; c. The patent in question is the same as another patent that has been granted to another party for the same Invention; d. The granting of a Compulsory License is apparently unable to prevent the implementation of the patent in a form and manner that is detrimental to the interests of the community within 2 (two) years from the date of granting the relevant Compulsory License or from the date of granting the first Compulsory License in the event that several Compulsory Licenses are granted; or e. The Patent Holder violates the provisions as referred to in Article 20. | ||
| (2) A lawsuit for deletion for the reasons referred to in paragraph (1) letter a is submitted by a third party to the Patent Holder through the Commercial Court. | (2) A lawsuit for deletion for the reasons referred to in paragraph (1) letters a and b is submitted by a third party to the patent holder through the Commercial Court. | ||
| (2a) A lawsuit for deletion for the reasons referred to in paragraph (1) letter b is filed by: a. a prosecutor or other party representing national interests against the Patent Holder or Compulsory License recipient to the Commercial Court; or b. a third party to the Patent Holder through the Commercial Court. | NONE | ||
| (4) The lawsuit for deletion as referred to in paragraph (1) letter e is submitted by the prosecutor or other party representing national interests against the Patent Holder or recipient of a compulsory License to the Commercial Court. | (4) The lawsuit for deletion as referred to in paragraph (1) letters d and e is submitted by the prosecutor or other party representing national interests against the Patent Holder or recipient of a Compulsory License to the Commercial Court. | ||
| 48 | The provisions of paragraph (1) of Article 134 are deleted and paragraph (2) and paragraph (3) are changed, so that Article 134 reads as follows: | Article 134 | Article 134 |
| (1) Deleted | (1) A patent may be deleted based on the reasons referred to in Article 130 letter d, if the patent holder does not fulfill the obligation to pay annual fees within the time period referred to in Article 126 or Article 128 paragraph (l). | ||
| (2) In the case of the deletion of a Patent based on Article 130 letter d, the Minister is obliged to notify the Patent Holder within a period of 30 (thirty) Days before the Patent in question is declared deleted. | (2) The Minister is obliged to notify the patent holder within 30 (thirty) days before the patent in question is declared invalid based on the reasons referred to in paragraph (1). | ||
| (3) Failure to receive a notification letter from the Patent Holder as referred to in paragraph (2) does not reduce the provisions as referred to in Article 130 letter d. | (3) Failure to receive a notification letter from the patent holder as referred to in paragraph (2) does not reduce the provisions as referred to in paragraph (1). | ||
| 49 | The provisions of letter b of Article 167 are amended so that Article 167 reads as follows: | Article 167 | Article 167 |
| Excluded from the criminal provisions as referred to in Chapter XVII and civil lawsuits for: a. import of a pharmaceutical product protected by a Patent in Indonesia and has been legally marketed in a country on the condition that the pharmaceutical product is imported in accordance with the provisions of laws and regulations; and b. production of a pharmaceutical product protected by a Patent in Indonesia before the end of Patent protection for the purpose of licensing and research processes and then marketing after the Patent protection in question ends. | Excluded from the criminal provisions as referred to in Chapter XVII and civil lawsuits for: a. import of a pharmaceutical product protected by a patent in Indonesia and the pharmaceutical product in question has been legally marketed in a country on the condition that the pharmaceutical product is imported in accordance with the provisions of laws and regulations; and b. production of a pharmaceutical product protected by a patent in Indonesia within a period of 5 (five) years before the end of patent protection for the purpose of the licensing process and then marketing after the end of the Patent protection in question. |
Furthermore, we would like to bring to your attention the following key conditions of the amendment, which are important for you to be fully informed about for anyone participating within the Indonesian patent ecosystem:
- Patent applications that have been submitted and processed but are not yet completed will continue to be processed based on the provisions of patent legislation prior to the enactment of this Law.
- The protection period for simple patent applications submitted under Law No. 14 of 2001 on Patents and Law No. 13 of 2016 on Patents, as amended by Law No. 6 of 2023 on the Establishment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as Law, is calculated from the Filing Date.
- Patents granted under Law No. 14 of 2001 on Patents shall remain valid until the end of their protection period.
- Most of the amendments will be further regulated by Government Regulations and Ministerial Regulations.
- Amendments regarding fee changes will be further regulated by Non-Tax State Revenue
Rest assured that we will continue to keep you informed of any important updates or changes to Indonesian Patent Law as they arise. We are committed to providing you with the most up-to-date information. Lastly, if you have any questions or require further clarification regarding the amendment or any IP related matter in Indonesia, do not hesitate to contact us at ambadar@ambadar.co.id. We are always available to assist you.
