In accordance to Article 20A of Law No. 65 Year 2024, a Patent Holder is obliged to file an annual Patent implementation report to the Directorate General of Intellectual Property (DGIP) under the Ministry of Law before the annuity payment deadline. Be mindful that failure to implement a registered Patent in Indonesia may lead to the Patent Registration being subject to compulsory licensing and/or potential Patent Invalidation, which can be filed before the Court of Commerce.
Under the Indonesian practice, what constitutes as a Patent implementation/use are as follows:
- Product is manufactured/process is used and commercialized;
- Product is manufactured/process is used but not yet commercialized;
- Importation of patented product/process; or
- Licensing of patented product/process.
While the implementing regulation for this specific matter has yet to be issued, the DGIP officers have urged the Patent holders to file the annual implementation report no later than the end of each year.
Should you need more information about the annual Patent implementation report in Indonesia, feel free to contact us at [email protected].
