Since the introduction of the new E-Filing system by the Directorate General of Intellectual Property of Indonesia (DGIP) on 17 August 2019, there have been several radical changes that have impacted the process of a Trademark application in Indonesia. We herewith summarize the 3 most important changes:   1. The prepaid payment voucher system Under the previous system, the official fees were only payable once the application form (online or paper-based) had been filled in. Under the current system, the applicant/proxy should purchase the official fees voucher before filling in the form online.   2. Goodbye, paper-based manual filing! The DGIP finally axed the paper-based manual filing option in as an attempt to digitize and smoothen its business process. The reason why this was a necessary action to do is to reduce the potential backlog that may affect the time it takes from filing to registration. This applies to all   3. Madrid Goods and Services Manager Trademark applicants will need to ensure that the goods and/or services they file for exist in the Madrid Goods and Services Manager. Should they attempt to file non-standard items, the E-Filing system will not able to process the filing request. You may check the full Madrid Goods and Services Manager list at https://webaccess.wipo.int/mgs/.   Should you require further assistance regarding Trademarks in Indonesia, Timor Leste, and the Pacific Islands, please do not hesitate to contact us at [email protected].    

Dear colleagues,   As a follow up on the Directorate General of Intellectual Property of the Republic of Indonesia’s Circular No. HKI.KI.05.04-04 titled “EXTENSION OF TIME TO FULFILL THE OBLIGATION FOR UNPAID PATENT ANNUAL FEE FOR PATENT HOLDERS” which was issued on 17 February 2019, we herewith remind you that the deadline to pay the unpaid patent annuity fees will fall on 16 August 2019. Failure to settle the unpaid patent annuity fees may result in the decision by the Directorate General of Intellectual Property of the Republic of Indonesia to reject new patent applications. We will appreciate your instruction to settle the debts as soon as possible. Should you require further assistance, please email us at [email protected] and [email protected].  

The Government of the Republic of Indonesia has issued Government Regulation No. 28 Year 2019 which regulates the official fees for public service matters, including intellectual property matter. This sudden announcement was issued on April 29, 2019 and there are several fees that have increased, among others, patent substantive examination fees, recordal fees, patent maintenance fees, and Madrid Registration fees. Should you require the English translation of the regulation, please do not hesitate to contact us at [email protected].  

The Director General of Intellectual Property of the Republic of Indonesia, Dr. Freddy Harris, A.C.C.S., has announced the extension of time to fulfill the obligation for the unpaid patent annual fee for patent holders in Indonesia. Previously in August 2018, the Indonesian IP Office had announced that failure to pay up the ‘debt’ caused by the outstanding annuities will result in the refusal of new patent applications (please refer to https://affa.co.id/global/2018/10/02/settle-outstanding-annuities-no-new-patent-filings-will-allowed-dgips-latest-move-ensure-debts-settled/). Given the very short notice and therefore the patent holders need more time to pay up the unpaid patent annuity fees, the Director of Intellectual Property of the Republic of Indonesia has extended the deadline to fulfill the obligation for the unpaid patent annual fee to 16 August 2019. Should you have any question regarding this matter, please contact us at [email protected].

The Directorate General of Intellectual Property of Indonesia proposed several amendments to the current Patent Law No. 14 2001 as it may no longer be relevant to the ever changing technology and rapid growth of innovation both in Indonesia and overseas. The amendment also aims to increase the number or patent applications from Indonesia through incentives, e-filing system and easier annuity payment method. The suggested amendments also include the provision of outsourced role of substantive examination to external patent examiners. Another provision that is worth highlighting is the obligation by the patent applicant to identify the origin of Genetic Resource and/or Traditional Knowledge in a patent description document if the invention is related to Genetic Resource and/or Traditional Knowledge. The proposed amendments are currently under discussion at the House of Representatives of Indonesia. We believe the Amendment will be passed by the end of 2016. For a comprehensive article regarding the amendments to the Indonesian patent law, please contact us at [email protected].

The Government of the Republic of Indonesia is set to increase the official fees for several services carried out by the Directorate General of Intellectual Property of Indonesia. The draft fees – which were only announced on August 15, 2017 – are expected to be in force before the end of this year. The “ever-increasing operational cost” is believed to be the main driver for the increase. Notable increases and additions include the Indonesia – Japan PPH request, recordal of license agreement, recordal of name and/or address change, annuity maintenance basic and claim fees, and additional claims during filing. It is worth mentioning that the official fees for filing will not be impacted since they have just been overhauled in November 2016. Should you wish to obtain full information regarding the proposed increase, please contact Mr. Emirsyah Dinar at [email protected].