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].
INDONESIA: Extension of time to fulfill the obligation for unpaid patent annual fee for patent holders
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].
Amendments to the Indonesian Patent Law: Outsourced Substantive Examination, Restoring Lapsed Patent Registrations, Genetic Resources, and many more.
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].
Official Fees to Increase Before the End of 2017
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].