On October 28, 2024, Indonesia introduced significant updates to its Patent System through Law No. 65 Year 2024, amending Law No. 13 Year 2016 on Patents. These changes aim to align Indonesia’s Patent System with global technological advancements while strongly emphasizing national interests. For international stakeholders and Patent applicants, this article highlights the crucial changes related to what does not constitute an invention and the updated novelty grace period.
What Is Not Included as an Invention
According to Article 4 of the Patent Law, inventions do not include the following:
- Aesthetical creations;
- Schemes;
- Methods to conduct:
– Mental activities;
– Games: and
– Businesses: - Computer programs, except for the inventions that are implemented using computers;
- Presentations of information; and
- Theories and methods in the field of science and mathematics.
Previously, discoveries in the form of new use of existing and/or known product; and/or new forms from existing compound that do not generate significantly enhanced efficacy and contain different relevant known chemical structures to the compound, did not constitute inventions. The removal of this provision is intended to accommodate developments related to new uses for existing and/or known products that are still considered Inventions and can be granted a Patent. The Patent for such new use does not prevent the public from producing the product as long as they do not mention or indicate the patented use.
Examples:
- Dapagliflozin: The first-use patent for diabetes has expired and has entered the public domain, so the public can use Dapagliflozin with the indication for diabetes without infringing the second-use patent. The second-use patent, which is for kidney disease, is still under patent protection.
- Snakehead Fish Extract: The first-use patent for cancer has expired and has entered the public domain, allowing the public to use Snakehead Fish Extract for cancer without infringing the second-use patent. The second-use patent, which is for COVID-19, is still under patent protection.
Furthermore, the term “computer program” refers to a computer program that only contains a program without technical characteristics, technical effects, or problem-solving capabilities. Problem-solving that involves a computer program, which in its implementation uses a computer, computer network, or other programmable equipment, can be considered an Invention, hereafter referred to as a computer-implemented Invention.
Examples of problem-solving involving a computer program that can be considered an Invention are:
- a computer program used for navigation based on the global positioning system (GPS) in motor vehicles;
- a computer program used to maintain a safe distance from the vehicle in front by automatically adjusting the vehicle’s speed; and
- a computer program used to control the electrical connectivity of household equipment.
Extended Novelty Grace Period
One of the most notable updates is the extension of the novelty grace period. Previously, an invention disclosed within six months before the filing date under specific conditions would not lose its novelty. The amendment extends this period to 12 months, providing greater flexibility for inventors to publicly showcase their work without risking Patent eligibility.
Key Conditions for Grace Period:
- Exhibition Disclosure: Public display at recognized exhibitions in Indonesia or abroad.
- Experimental Use: Research and development purposes in Indonesia or abroad.
- Scientific Disclosure: Presentations during scientific sessions, such as thesis defenses or research discussions.
- Confidentiality Breaches: Unauthorized disclosure by third parties.
This extension demonstrates Indonesia’s commitment to fostering innovation by allowing inventors more time to refine and file their applications, encouraging global and domestic filings.
For a deeper dive into the broader implications of the revised Patent Law, read our comprehensive guide: The Ultimate Guide to the Amendment of the Indonesian Patent Law.
Should you need to know how this new definition impacts your business or invention, feel free to contact us at [email protected].
