Indonesian Patent Law No. 13 of 2016 outlines the process for maintaining your Patent throughout its 20-year term. This involves making timely annuity payments to the Indonesian Patent Office, hereafter called the Directorate General of Intellectual Property (DGIP). Here’s a breakdown of the key points:
- First Annuity Payment
This covers the period from your filing date up to one year after the grant date. It’s crucial to settle this payment within 6 months of receiving the grant notice. There’s no grace period. Missing this deadline invalidates your Patent, with no option for revival. No outstanding debt is created in this case.
- Subsequent Annuity Payments
These become due one month before the anniversary of your original filing date for each remaining year of the Patent’s lifespan. For example, if you filed your Patent application on November 9th, all subsequent annuity payments would be due on October 9th of each year.
- Late Payment Option
If you anticipate missing a deadline, you can request an extension from the DGIP through a registered and reliable Patent Consultant. This request must be submitted within 7 working days before the original due date. An extension allows for a maximum 12-month grace period, but comes with a penalty – a 200% surcharge on the official fee for the missed annuity.
Consequences of Missing Payments
Failing to make timely annuity payments, including missing the initial deadline or neglecting to request an extension with a surcharge, will result in the DGIP invalidating your Patent. This means you lose all legal protection for your invention in Indonesia.
Recommendations:
- Carefully record your Patent’s filing date and grant date to ensure timely payments.
- Consider setting calendar reminders for upcoming annuity deadlines.
- Consult a registered Patent Consultant for assistance with managing these payments and navigating potential late payment scenarios.
By staying informed and adhering to the regulations, you can ensure your Patent remains valid and enforceable throughout its 20-year term in Indonesia.
Should you have any questions about Patent annuity payments in Indonesia, please do not hesitate to contact us at [email protected].
Source:
- Law No. 13 of 2016 on Patents (Patent Law)
