Expediting Your Patent Application in Indonesia: The DGIP–JPO Patent Prosecution Highway

Patent, Intellectual Property

In the race for innovation, speed is everything. According to statistical data published by the Japan Patent Office (JPO), among the ASEAN6 Patent Offices (the six ASEAN countries with the highest Patent rankings), the Directorate General of Intellectual Property of Indonesia (DGIP) is recorded as the office with the shortest total pendency—meaning the duration from filing to grant—at only around 3.4 years. In contrast, other ASEAN Patent Offices generally remain in the range of 4.5 to 7 years. This figure aligns with Indonesia’s ongoing efforts to accelerate examination, including through the utilization of the Patent Prosecution Highway (PPH) scheme.   What is even more interesting is that, as the only office implementing PPH with all ASEAN6 Patent Offices, the JPO serves as a strategic gateway for Applicants seeking protection across the ASEAN region. The JPO reports the following statistics: The time to obtain a patent grant in Japan through the fast-track route can be achieved in approximately 4.9 months; and Patent grants in ASEAN Offices through the PPH scheme can be achieved in around 1 year, with grant rates exceeding 90%.     In addition to illustrating examination performance, JPO’s data also shows that the PPH route with DGIP as the Office of Later Examination (OLE) has been actively utilized by international Applicants. Since the program’s initiation in 2013, the number of PPH requests designating DGIP as the OLE has consistently remained in the hundreds per year, reaching a peak in 2019. Although the numbers later declined, they have re-emerged significantly in 2024. This indicates that the DGIP–JPO PPH scheme is not merely a procedural option on paper, but a pathway genuinely used by global businesses when entering the Indonesian and ASEAN markets.   Given this background and the fact that DGIP records the fastest total pendency among the ASEAN6, Applicants can structure the following two-step strategy: Designate Japan as the primary examination hub, either as the first filing country or as the International Searching Authority (ISA/JP) under the Patent Cooperation Treaty (PCT); and Utilize the PPH scheme for accelerated access to ASEAN, with Indonesia as a key destination given its comparatively shorter time to grant.   This combination creates a highly compelling narrative for businesses and technology owners. The JPO provides fast and high-quality examination at the “upstream” stage, while DGIP offers one of the fastest routes to grant in the “downstream” ASEAN region. For companies that view ASEAN as a growth market, this combination can significantly reduce risks and shorten timelines in the patent application process.   Number of PPH requests with DGIP as the Office of Later Examination (OLE) per PPH application year. Source: Japan Patent Office (JPO), “PPH Statistics.”   How Does the DGIP–JPO PPH Actually Work?   In simple terms, the PPH is a cooperative framework between Patent Offices that allows one Office to rely on the search and examination results produced by another. In essence, patent examination under the PPH can be accelerated at DGIP by leveraging the examination work products issued by the JPO.   Institutionally, the DGIP–JPO PPH scheme did not emerge overnight. The trial phase of the DGIP–JPO PPH program was first launched in 2013 as an effort to test the use of JPO examination results to expedite the process in Indonesia. As utilization increased and positive responses were received from Applicants, the cooperation was extended multiple times. Under the latest agreement, the DGIP–JPO PPH program has been renewed once again and will continue until 2026. These periodic extensions indicate that the PPH is considered successful by both Offices—reducing examination burdens on one side while providing a stable acceleration route for Applicants on the other.   According to DGIP’s official guidelines, the DGIP–JPO PPH scheme is divided into two categories:   1. PPH Based on JPO National Work Products Under this scheme, a PPH request is filed for a patent application that has already entered DGIP, by referring to its corresponding application at the JPO. The main requirements for filing a PPH request under this scheme include: The application at DGIP and the corresponding application at the JPO that forms the basis of the PPH must share the same earliest date (whether a priority date or filing date), either through the Paris Route or the PCT Route. The earliest application in the patent family must have been filed at either DGIP or the JPO as a national office. At least one JPO application must have claims that have been determined to be patentable/allowable, as reflected in a Decision to Grant, Notification of Reasons for Refusal, Decision of Refusal, or Appeal Decision. All claims submitted for examination under the PPH at DGIP must “sufficiently correspond” to the claims considered patentable/allowable at the JPO—that is, the claim scope must be identical, similar, or narrower through the addition of limiting features supported by the specification. A PPH request can only be made if DGIP has not yet begun substantive examination of the application.   2. PCT-PPH Based on PCT International Work Products (WO/ISA, WO/IPEA, IPER) In this scheme, in addition to national work products, the guidelines also provide for PCT-PPH. Here, the basis for acceleration is no longer the JPO’s national office actions but the JPO’s international work products in its capacity as: WO/ISA – Written Opinion of the International Searching Authority WO/IPEA – Written Opinion of the International Preliminary Examining Authority IPER – International Preliminary Examination Report   The main requirements include: The latest International Work Product must indicate that at least one claim is patentable/allowable with respect to novelty, inventive step, and industrial applicability. The DGIP application and the corresponding PCT international application must share the same earliest date (whether through national phase entry, priority basis, or as a derivative/divisional). All claims filed at DGIP must “sufficiently correspond” to the claims considered patentable/allowable in the relevant International Work Product.   PPH MOTTAINAI Beyond the two main pathways above, the JPO has also introduced the concept of PPH MOTTAINAI. In simple terms, “mottainai” in Japanese conveys a sense of regret when something…

[Reminder] Indonesia - Patent Working Statement to be Submitted Before 31 December 2025 - AFFA IPR

[Reminder] Indonesia – Patent Working Statement to be Submitted Before 31 December 2025

Patent, Intellectual Property

All Patent Owners in Indonesia are reminded to submit their Patent Working Statement or ‘Statement of Use’ no later than 31 December 2025 or before the date of the annuity deadline. This requirement applies to all Granted Patents and is mandated under the latest amendments to Indonesia’s Patent Law. Failure to comply may result in legal consequences, including compulsory licensing and/or invalidation.   Previously—and still applicable—Article 20 of the Patent Law has regulated the obligation to implement Patents in Indonesia as follows:   Product Patent: Obligated to manufacture, import, or license the product. Process Patent: Obligated to manufacture, license, or import the product resulting from the patented process. Method, System, & Use Patents: Obligated to manufacture, import, or license the product resulting from the method, system, or use.   Obligation to Implement Patents in Indonesia   In this third amendment, Article 20A has been added to the Patent Law, stipulating that every Patent holder is required to submit a declaration of Patent use in Indonesia and report it to the Minister through the Directorate General Intellectual Property (DGIP) at the end of each year, accompanied by proof of implementation. The implementation of the Patent may be carried out either by the Patent holder or by a third party under license from the Patent holder. The objective of this provision is to encourage technology transfer, investment, job creation, and tangible economic growth for Indonesia.   Forms of Patent implementation may include: Manufacturing the patented product but it has not been commercialized yet; Manufacturing the patented product and it has already been commercialized; Utilizing the patented process but it has not been commercialized yet; Utilizing the patented process and it has already been commercialized; Importation; and Licensing.   Consequences of Non-Implementation of Patents In this latest amendment, provisions regarding consequences such as compulsory licensing or Patent revocation, which were previously regulated under Articles 82 and 130 of the Patent Law, have been removed.   Instead, the annual reporting obligation as stipulated in Article 20A serves as an instrument for the government to monitor Patent utilization in Indonesia.   Although administrative sanctions for non-compliance with the reporting obligation are not explicitly regulated yet, this obligation opens the possibility for the government to issue further implementing regulations or administrative policies in the future.   Acceptable Reasons for Delayed Implementation Previously, the Patent Law allowed Patent holders to provide legitimate reasons for not yet implementing their Patent, such as:   Force majeure circumstances. Regulatory or licensing obstacles to production. Production is still in preparation stages.   In the amended Patent Law, although these reasons are no longer explicitly listed, Patent holders may still include such reasons in their annual reports as part of the explanation or justification in cases where implementation has not been optimal.   You might also want to read: 5 Stages of Patent Registration Process in Indonesia   Should you need further information regarding the submission of Patent Working Statement in Indonesia, please contact us through the channels below: ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

MATCHAMAN’s Trademark Strategy: A Blueprint for Indonesian Brands Going Global through the Madrid Protocol - AFFA IPR

MATCHAMAN’s Trademark Strategy: A Blueprint for Indonesian Brands Going Global through the Madrid Protocol

Intellectual Property, Trademark

In an increasingly competitive global market, Trademark protection is no longer optional—it is a fundamental foundation for business growth. One Indonesian brand leading by example is MATCHAMAN, a matcha-based beverage brand owned by PT. Puyo Grup Indonesia, widely recognized for its silky pudding outlets across the country.   Today, MATCHAMAN has become a rising name among premium matcha enthusiasts, gaining attention through its two flagship locations in Melawai Blok M and Pacific Place SCBD, South Jakarta.   A Contemporary Matcha Experience   Matcha is not new in Jakarta. Yet, MATCHAMAN brought fresh excitement to the scene when it launched in Blok M. Drawing inspiration from contemporary matcha cafés in Bangkok, MATCHAMAN emphasizes a casual, on-the-go drinking experience supported by a striking interior—metallic grays, vibrant emerald tones, and warm wood elements that pay homage to Japanese design.   At its heart lies an open bar under a high ceiling, softly lit—yellow during the day, green after sunset—where matcharistas prepare every cup using traditional techniques learned from Tokyo and Kyoto tea houses: Hot water at exactly 80°C, whisked with bamboo tools in handmade chawan, producing silky, foamy perfection!   Building a Strong Brand Foundation   MATCHAMAN has taken exemplary steps to protect its business identity. In December 2024, the brand filed its Trademark in Indonesia under: Class 30: matcha-based beverages, matcha latte, green tea, powdered green tea, etc. Class 43: beverage service, hot and cold drink bars, boba service, and similar activities.   MATCHAMAN successfully obtained registration in June 2025, with protection valid until December 2034.   This careful and timely registration ensures that MATCHAMAN retains exclusive rights over its brand in Indonesia—preventing misuse, counterfeiting, and unfair competition.   Going Global with the Madrid Protocol   With a strong foundation at home, MATCHAMAN wasted no time in taking the next step. In September 2025, the brand filed an international application under the Madrid Protocol through WIPO, designating: Australia Japan Malaysia Singapore   AFFA supported the Trademark filing under the Madrid Protocol, streamlining the process for securing overseas protection.   Why the Madrid Protocol Matters?   The Madrid Protocol allows brand owners to: File once to cover multiple countries. Manage and renew registrations centrally. Save time and cost compared to filing country-by-country. Expand quickly with legal security.   This strategy exemplifies global best practice: Register in the home country first. Use the Madrid Protocol to efficiently reach new markets.   By securing its identity abroad, MATCHAMAN ensures its brand remains exclusive and protected wherever it intends to grow.   Fast Execution: MATCHAMAN Lands in Japan   Soon after filing its international Trademark application, MATCHAMAN moved swiftly to tap into overseas markets—starting at the very heart of matcha culture: Japan!   MATCHAMAN made its Japan debut through a collaboration with a local F&B player, attracting enthusiastic public response. The collaboration demonstrated strong market interest and validated MATCHAMAN’s positioning as a modern matcha brand with global appeal.   This early success signals promising opportunities for future development abroad—made possible by proactive Trademark protection.   As MATCHAMAN stands as a model for Indonesian businesses aiming to expand globally, its strategy demonstrates key lessons: Trademark first — expansion second. Protect at home, then secure key foreign markets. Use efficient international systems like the Madrid Protocol. Move fast once legal protection is in place.   By protecting its brand early, MATCHAMAN ensures that its creativity, identity, and business potential stay exclusively its own—allowing it to grow confidently and competitively worldwide.   With strong IP protection, businesses like MATCHAMAN can step boldly into the global arena—safe, confident, and ready to thrive.   Should you need more information on registering a Trademark in Indonesia and globally, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Can a “Hashtag” Be Registered as a Trademark in Indonesia? - AFFA IPR

Can a “Hashtag” Be Registered as a Trademark in Indonesia?

Intellectual Property, Trademark

In the digital era, hashtags (#) that precede certain slogans or statements have become an important tool in marketing strategies. They make it easier for the public to find specific campaigns on social media, strengthen promotional identity, and even build user communities.   Some examples of commonly encountered hashtags include: #FYP #photooftheday #KeepCookingMama #FreakyFriday #HowLowCanYouGo   However, when a hashtag grows more popular and becomes closely associated with the identity of a product or service—or there’s even an intention to monopolize it—the question arises: “Can a hashtag be registered as a Trademark?”   In Principle, Yes — But It’s Not Automatically Acceptable   By definition of the Indonesian Trademark Law, a Mark means any sign capable of being represented graphically in the form of drawings, logos, names, words, letters, numerals, color arrangements, in 2 (two) and/or 3 (three) dimensional shape, sounds, holograms, or a combination of 2 (two) or more of those elements to distinguish goods and/or services produced by a person or legal entity in trading goods and/or services. Nevertheless, in Trademark examination practice, the hashtag symbol (#) alone is not considered a distinctive element. In other words, when filing #HowLowCanYouGo, the examiner does not assess the “#” but evaluates the word elements “How Low Can You Go.”   Accordingly, a hashtag can be registered as a Trademark if the phrase within it meets the distinctiveness test as per Article 20 of the Indonesian Trademark Law, namely: Not generic Has distinctiveness Not descriptive Not merely a promotional call-to-action Not misleading Not to violate public order, regulations, or morality   If the phrase is too generic, the application risks being refused.   Hashtag + Removing Spaces Doesn’t Automatically Make It a New, Unique Word   There’s an assumption that a slogan will be easier to register if it’s written without spaces and prefixed with a hashtag, for example: “Indonesian Pride” → #IndonesianPride “Support Local Coffee” → #SupportLocalCoffee   However, this does not automatically turn it into a new, unique word. Examiners will still assess whether the phrase has distinctiveness. If the original meaning remains easily understood—e.g., as a promotional expression—its strength as a Trademark is still considered weak.   In short, adding “#” and removing spaces does not automatically increase the chances of registration!   Comparative Registration Chances   Form Example Chance to be  Registered Reason Descriptive Slogan INDONESIAN PRIDE Low Generic phrase/ Promotion. Without Spaces INDONESIANPRIDE Low-Medium Meaning remains clear. With Hashtag #INDONESIANPRIDE Low-Medium “#” adds no distinctiveness. Arbitrary/Fanciful Word XYRANGER High Non-descriptive & unique. Hashtag + Arbitrary #XYRANGER High Strength lies in the core word.   The core assessment remains the same: it’s not about the format, but how distinctive the phrase is.   How to Give a Hashtag a Better Chance of Being Registered in Indonesia?   If you want to protect a hashtag as a Trademark, consider: Using an arbitrary or unique word. Avoiding purely promotional phrases. Adding a distinctive brand element.   For example: #KROriginal #24hourbyMaduraShop #XyRangerEveryday   If the core wording has strong distinctiveness, the chances of successful registration are higher—even without the hashtag.   Therefore, if you use hashtags in marketing campaigns and want to protect them as a Trademark, ensure the wording is distinctive enough to differentiate your products or services from others.   Should you need more information on registering hashtags as Trademarks, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889