Even after a Patent has been granted in Indonesia and the annual fees have been paid, there is still one additional obligation that Patent Holders in Indonesia must not overlook.
Under Article 20A of Law No. 65 of 2024 concerning the Third Amendment to Law No. 13 of 2016 on Patents, Patent Holders are now required to prepare a Patent Working Statement regarding the implementation of their Patents in Indonesia and notify the Minister thereof no later than the end of each year.
Article 20A provides as follows:
“Patent Holders as referred to in Article 20 shall prepare a statement on the implementation of their Patents in Indonesia and notify the Minister thereof no later than the end of each year.”
So, what should Patent Holders do?
- Prepare a Patent Working Statement Every Year
The document to be used is the Affidavit of Patent Implementation in Indonesia. Based on the prescribed form, the information to be provided includes:- Name and address of the Patent Holder;
- Patent Number;
- Title of the Invention; and
- Form of Patent implementation in Indonesia.
Accordingly, companies holding more than one Patent in Indonesia should ensure that the implementation status of each Patent is reviewed periodically.
- Determine How the Patent Is Implemented in Indonesia
A Patent Working Statement does not merely indicate whether a Patent is “used” or “not used.” The Patent Holder must specify how the Patent is being implemented.
Based on the Patent Working Statement form, the available options include:- Manufacturing the patented product, but it has not yet been commercialized;
- Manufacturing the patented product and it has already been commercialized;
- Utilizing the patented process, but it has not yet been commercialized;
- Utilizing the patented process and it has already been commercialized;
- Importation;
- Licensing; or
- The registered Patent has not yet been implemented in Indonesia.
These options are important because Patent implementation is not limited to directly manufacturing a product in Indonesia. The form expressly includes importation and licensing as forms of Patent implementation.
Therefore, before submitting a Patent Working Statement, Patent Holders should review the actual status of each Patent, whether it has been implemented through manufacturing, the use of a process, importation, licensing, or has not yet been implemented in Indonesia.
- What If the Patent Has Not Yet Been Implemented in Indonesia?
There is no need to state that a Patent has been implemented when this is not actually the case. The Patent Working Statement form specifically provides the following option:
“The mentioned registered patent has not been implemented in Indonesia.”
This means that if the Patent has not yet been implemented, this status may be declared in the Patent Working Statement. Most importantly, the statement must accurately reflect the actual circumstances.
The form also states that if the information provided is subsequently proven to be untrue, the Statement will be deemed null and invalid, and the declarant may be subject to sanctions in accordance with the applicable laws and regulations.
Therefore, particularly for companies with large Patent portfolios, the status of each Patent should be verified before the Patent Working Statement is signed and submitted.
- When Should the Patent Working Statement Be Submitted?
Article 20A of Law No. 65 of 2024 stipulates that the Patent implementation statement must be notified to the Minister no later than the end of each year. However, for administrative convenience, we recommend reviewing and managing the submission of the Patent Working Statement at or around the anniversary of the relevant Patent Annuity payment.
It should be emphasized that this approach is an administrative recommendation and does not alter the statutory deadline under Article 20A. By adopting this approach, whenever a company reviews the annual fee payment for a Patent (Patent Annuity), it can also verify whether the Patent’s implementation status has been updated and whether the Patent Working Statement has been prepared.
Another important point to remember is that the Patent Working Statement and Patent Annuity are two separate obligations. Payment of the annual fee does not automatically satisfy the Patent Working Statement requirement.
- Ensure That the Information and Signatory Are Correct
Before submission, ensure that the Patent Holder’s details, Patent Number, Title of the Invention, and implementation status accurately reflect the actual circumstances.
The form also provides sections for the place and date of the statement, as well as the name and signature of the Patent Holder or the relevant corporate official. Where there is more than one Patent Holder, the form also accommodates the details of a second Patent Holder.
Companies should therefore ensure that the document has been properly reviewed and signed by the appropriate party before submission.
Should you need further information regarding the Patent Working Statement in Indonesia, please contact us through the following channels and receive a FREE 15-minute consultation:
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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.
