Mandatory Patent Implementation Annual Reporting in Indonesia Is in Force - AFFA IPR

Mandatory Patent Implementation Annual Reporting in Indonesia Is in Force

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].

Discover 6 Intellectual Property Potentials in Padel - AFFA IPR

Discover 6 Intellectual Property Potentials in Padel

Padel is experiencing rapid growth in Indonesia. Over the past few years, it has captured the attention of various groups — from sports communities and entrepreneurs to celebrities. Its popularity is reflected in its inclusion in PON XXI 2024 (National Sports Week) held in Aceh – North Sumatra, as well as in several tournaments held in Indonesia, including the Asia Pacific Padel Cup 2024 and Padel Pro Open 2025.   Padel was first created in 1969 in Acapulco, Mexico, by Enrique Corcuera. He modified a squash court at his home by adding walls and elements from tennis, creating a new game called “Paddle Corcuera.” This new game quickly attracted the attention of his friends, including Alfonso de Hohenlohe, who later introduced padel to Marbella, Spain in 1974 and built two courts there. From Spain, padel spread to Argentina (1975) and continued to grow in popularity across Europe and Latin America. In 1991, the Federation International de Padel (FIP) was established in Madrid, Spain, to regulate and promote the sport globally.   As the padel ecosystem continues to grow in Indonesia, various elements — such as tournament names, logos, racket designs, court technology, training strategies, and merchandise — are becoming strong identity markers with commercial value. All of these should and can be protected through various forms of Intellectual Property (IP) rights, so that all parties involved can benefit while supporting a more sustainable padel ecosystem.   Here are several relevant and potential IP categories in the world of padel:   Trademark Names of padel clubs, logos, slogans, tournaments, courts, training academies, apparel, padel balls, rackets, or other equipment should be protected to avoid the use of identical or confusingly similar names. These should be registered as Trademarks, which offer protection for 10 years and can be renewed indefinitely. Industrial Design The visual designs of rackets, special padel shoes, and uniquely styled tournament uniforms can be protected as Industrial Designs, with a protection period of up to 10 years. Patent This category includes technological innovations in racket materials or structure, automated digital scoring systems, training sensors, and unique portable padel court construction features. Such innovations can evolve continuously and offer local manufacturers or innovators a competitive edge. Copyright Promotional content such as tournament highlight videos, music, event posters, digital graphics, and training modules or documented game strategies is automatically protected under Copyright. However, formal recordation is recommended to strengthen legal proof of ownership. Trade Secret This category includes exclusive training techniques used by padel coaches, business strategies or community management models, and even recipes or formulas for sports nutrition products used by a club. Trade Secrets do not require registration but must be kept confidential to remain protected. Licensing & Franchising Business models such as court rentals, expansion of padel club branches, licensing tournament names for use in other cities, or even launching padel-themed café franchises can be governed through licensing or franchise agreements, and can be officially recorded to secure legal protection and expand commercial benefits.   Ultimately, padel is a fun sport and a gateway to economic opportunities through Intellectual Property assets. Business actors and padel communities must understand that the innovation, creativity, and identity they build today can become sustainable business value — if properly managed and protected. Should you need further information about registering and protecting Intellectual Property in the padel sport, feel free to contact us at [email protected].

Extension of Time to Complete Patent Application Formality Documents - AFFA IPR

Extension of Time to Complete Patent Application Formality Documents

Indonesia’s Patent regulation has undergone significant changes following the enactment of Law No. 65 Year 2024, which amends Law No. 13 Year 2016 on Patents. One of the key amendments is the extension of time to complete the formalities in a Patent application.   Previous Regulation (Law No. 13 Year 2016) Under the previous version of Article 35: Applicants who received a notification to complete formal requirements had 3 months from the date of notification to comply. If needed, applicants could request two extensions: First extension: Up to 2 months. Second extension: Up to 1 additional month, subject to a fee.   However, the second extension (one month with a fee) was rarely utilized in practice. Many applicants who requested extensions still failed to complete the requirements, resulting in their applications being considered withdrawn.   Current Regulation (Law No. 65 Year 2024) The amended Article 35 introduces more stringent provisions: Applicants still have 3 months to complete formal requirements after receiving notification. Only one extension of up to 2 months is now permitted. Additional extension beyond the two months is only possible under emergency circumstances and requires strong supporting evidence.   Key Takeaways: The second extension option (1 month with a fee) has been repealed. The new law limits the extension to a one-time request, making compliance more challenging but streamlining the overall process.   Practical Steps for Applicants To meet the formality requirements within the given timeframe, applicants are advised to prepare the following key documents promptly: Power of Attorney (PoA) Statement of Assignment or Deed of Assignment   Failing to submit these documents within the prescribed period, including the extension, will result in the Patent application being considered withdrawn.   Comparison Table   Aspect Before Amendment (Law No. 13/2016) After Amendment (Law No. 65/2024) Initial Period to Complete Requirements 3 months from the date of the Minister’s notification 3 months from the date of the Minister’s notification First Extension Up to 2 months Up to 2 months Second Extension Additional 1 month, subject to fee Abolished Additional Extension in Emergency Cases Not explicitly regulated Allowed only in emergencies, up to 6 months, with strong supporting evidence Total Possible Duration 3 months + 2 months + 1 month (total 6 months), with the possibility of paying the fee for the final month 3 months + 2 months (total 5 months), emergency extension possible up to 6 months, but requires justification Ease for Applicants More lenient with more extension options Stricter, only one regular extension allowed Impact on Examination Timeframe Potentially longer due to multiple extensions Shorter, as fewer extensions are permitted   The recent amendment emphasizes the importance of timely compliance. Applicants are now only allowed one extension of two months, with no further routine extensions available. While this makes the process more demanding, it significantly shortens the formality examination period, enhancing efficiency in Indonesia’s Patent system. Applicants must prepare their formal documents meticulously and avoid delays to ensure the smooth processing of their applications.   You might also want to read: Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia Should you need more information regarding the extension of time to complete Patent application formality documents in Indonesia, feel free to contact us via email at [email protected].

Patent Implementation in Indonesia: What happens if you don't use your Patent? - AFFA IPR

Patent Implementation in Indonesia and Its Consequences if the Patent is Not Used According to the Latest Patent Law

A registered Patent not only grants the Exclusive Right to its owner to prohibit others from using the invention but also imposes an additional obligation to implement the Patent. This obligation is regulated under Law Number 13 of 2016 concerning Patents, as well as Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016, which has been in effect since October 28, 2024.   How is the obligation to implement a Patent regulated, and what are the legal consequences if a Patent is not used under the latest Patent Law? Here’s the summary!   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 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 goods or utilizing processes protected by the Patent in Indonesia. Transferring technology to third parties in Indonesia. Collaborating in manufacturing with local companies.   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 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 Patent implementation in Indonesia and Its consequences if the Patent is not used, feel free to contact us at [email protected].

Complete Guide to Drafting a Patent Description in Indonesia - AFFA IPR

Complete Guide to Drafting a Patent Description in Indonesia

Drafting a well-structured and accurate Patent description is a crucial step in the Patent application process. This description serves to provide a detailed explanation of the invention to be patented, including its advantages and working principles.   Here is a comprehensive guide on the essential elements that must be included in a Patent description, along with examples!   Title of the Invention The title of the invention must be concise, clear, and reflect the essence of the innovation being submitted. This title will serve as the identity of the registered invention.Example: “Nano-Technology-Based Air Filtering Device” Technical Field of the Invention This section explains the field of technology related to the invention.Example: “This invention relates to air filtration technology, more specifically to an air filtration system using nano-based materials to enhance micro-particle filtration efficiency.” Background of the Invention This section must describe the problems present in previous technologies and how the proposed invention provides a solution.Example: “Current air filtration technology still has several drawbacks, such as limitations in filtering ultra-fine particles and high production costs. Patent Number XXXX has disclosed filtration technology using activated carbon, but this method is still ineffective in capturing particles smaller than 0.3 microns. This invention aims to overcome these issues by developing a nano-material-based filter that is more efficient.” Brief Description of the Invention This section should explain the main objectives of the invention and its key components.Example: “This invention aims to improve the effectiveness of air filtration systems by using nano-based materials with smaller pores compared to previous technology. The filter consists of (a) a nano-fiber layer, (b) a polymer-based support structure, and (c) a multi-stage filtration system characterized by an increased filtration efficiency of up to 99.9%.” Brief Description of the Drawings If the invention requires illustrations to explain its components, this section must provide a concise description of the included figures.Example: Figure 1: A perspective view of the air filtering device. Figure 2: A block diagram of the filtration system. Figure 3: A flowchart of the air filtration process.  Detailed Description of the Invention This section explains in detail how the invention works, including its technical specifications.Example: “Referring to Figure 1, the air filtering device consists of three main layers: a nano-filtering layer (101), a polymer-based support structure (102), and an air ventilation system (103). The nano-filtering layer functions to capture ultra-fine particles with high efficiency. The polymer-based support structure allows installation flexibility and increases product durability. The air ventilation system ensures optimal airflow distribution within the room.” Claims Claims are the most critical part of the Patent document as they define the boundaries of Patent protection.Example: An air filtering device comprising: A nano-fiber layer for capturing micro-particles, A polymer-based support structure, An optimized air ventilation system, characterized by an increased filtration efficiency of up to 99.9%.An air filtering device comprising:  The air filtering device according to claim 1, wherein the nano-fiber layer has pore sizes ranging between 10-50 nanometers. Abstract The abstract provides a concise overview of the invention and its function.Example: “This invention relates to a nano-technology-based air filtering device that enhances the efficiency of ultra-fine particle filtration. The device consists of a nano-fiber layer, a polymer-based support structure, and an air ventilation system designed to optimize airflow distribution. This technology enables high-efficiency air filtration with lower production costs.”   You might also want to read: 5 Stages of Patent Registration Process in Indonesia   All the information above is included in a document titled “Description.” By drafting a Patent description according to this guide, applicants can ensure that their invention is clearly documented while also facilitating the examination process. Ultimately, this leads to faster and more optimal legal protection.   You can also find examples of international Patent descriptions on patents.google.com.   Should you need more information on Patent registration and/or protection in Indonesia or abroad, you can contact us directly via email: [email protected].

Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia - AFFA IPR

Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia

Document completeness and compliance with regulations are crucial in the Patent registration process. If there are deficiencies in the documents or if certain requirements are not met, the Patent application may be considered withdrawn by the Directorate General of Intellectual Property (DGIP) in Indonesia. So, what steps should the applicant take next?   When a Patent application is considered withdrawn, the applicant will receive a “Notification of Patent Deemed Withdrawn” from DGIP, meaning that the application will not proceed further.   However, if the applicant wishes to continue the examination process, the applicant must immediately submit a “Request for Further Examination.” This request must be filed within a maximum of six (6) months from the issuance date of the Notification of Considered Withdrawal.    Additionally, the applicant must pay an additional fee of 50% of the application fee to submit the Request for Further Examination. After submission, the applicant will need to wait for a response from DGIP’s Formality Section, which will review the application and decide whether the Patent examination process can proceed.   Therefore, if you face challenges in completing the required documents or drafting a proper Patent application, it is highly recommended to consult with a trusted Patent Consultant to navigate this issue effectively. Otherwise, the applicant risks losing Patent rights and suffering financial losses, as the initial registration fees that have been paid will not be refunded (forfeited).   You might also want to read: 5 Stages of Patent Registration Process in Indonesia Should you need more information about Patent applications in Indonesia or globally, feel free to contact us at [email protected].

5 Stages of Patent Registration Process in Indonesia - AFFA IPR

5 Stages of Patent Registration Process in Indonesia

Five stages must be completed to register a Patent in Indonesia. These stages apply to both Patents and Utility Models, but there are significant differences in processing time. A Utility Model can be completed in less than a year, whereas a Patent typically takes more than two years.   What are the differences, and what documents need to be prepared? This article provides a detailed breakdown.   Difference Between a Patent and a Utility Model Before proceeding, it is important to distinguish between Patents and Utility Models: Patent: A new invention that involves an inventive step and is industrially applicable. Utility Model: A new invention that develops an existing product or process and is industrially applicable.   The key distinguishing factor between the two is the “inventive step.” This refers to an unexpected or non-obvious aspect of the invention, even for a person skilled in the relevant technical field.   Required Documents for Patent or Utility Model Registration   Once you determine whether your invention falls under a Patent or a Utility Model, you need to prepare the following documents:   Patent Description Document (Description, Claims, Abstract, and Drawings) in PDF format, following the applicable regulations. Deed of Assignment from the Inventor to the Applicant, which includes: Name and Address of the Applicant Name and Address of the Inventor Title of the Invention Signatures of all Inventors Duty Stamped Statement of Invention Ownership by the Inventor, signed by all inventors and stamped, except for Patent Applications filed through the PCT. Institution Establishment Document (if applicable). Payment of Application Fees.   5 Stages of the Patent Registration Process Stage Patent Utility Model 1 Application (Formal Examination) 0-6 months 0-28 days 2 Waiting Period* 6-18 months 14 days 3 Publication 6 months 14 days 4 Substantive Examination Max. 30 months Max. 6 months 5 Certificate Issuance 2-3 months 1-2 months   *) The Waiting Period is the time allotted for making changes or corrections to the application before it is published to the public. For example, if there are errors such as the following, your application may fail the Formal Examination: Inconsistent title between the Invention Title, Description Title, Abstract Title, and the title stated in the Deed of Assignment and Ownership Statement. Incorrect description format that does not comply with the required standards. All inventors have not signed and stamped the Ownership Statement and/or Deed of Assignment. Failure or delay in paying the Substantive Examination fee.   Failure to address these deficiencies will result in the Patent application being considered withdrawn. However, if you require faster publication for any reason, you may request an accelerated publication, which is subject to an additional fee.   The Patent Description is also a crucial factor in ensuring the completeness of a Patent application. We will discuss the proper format and preparation in our next article.   You might also want to read: Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].

6 Key Principles of Patent Protection in Indonesia - AFFA IPR

6 Key Principles of Patent Protection in Indonesia

Through Law Number 65 of 2024 on Patents, the Indonesian Government has revised the definition of “invention” to mean an inventor’s idea manifested in solving a specific problem in the field of technology, which can take the form of a product or process, or the improvement and development of an existing product or process.   Meanwhile, a Patent is an exclusive right granted by the state to an inventor for an invention that meets the criteria of patentability, namely novelty (new), inventive step, and industrial applicability. For Utility Models, the requirements include at least novelty, incremental improvements to existing products or processes, practical utility, and industrial applicability.   If you are an inventor, a Patent will protect your invention by granting you legal rights, enabling you to enjoy the economic benefits of your invention.   However, six key principles form the foundation of Patent protection and are crucial for safeguarding technological innovations and inventions. These principles are:   First-to-File: This principle states that the first party to file a Patent application is granted Patent rights, not the first to invent or use it. Therefore, Patent owners must file their applications as soon as possible. Patent Information: Every Patent application must include complete information about the invention, such as descriptions, claims, and drawings illustrating how the invention works. This information will be published once the application is approved, allowing the public to refer to it and encouraging further technological advancements. Protection Is Granted Only by Application: Patents are only granted if the inventor or an authorized party submits an official application. Without an application, Patent rights will not be awarded, even if the invention meets patentability requirements. Obligation to Pay Annual Fees: After a Patent is granted, the Patent holder must pay annual fees to maintain the Patent rights. Failure to pay these fees can result in the cancellation of the Patent, making the invention part of the public domain. Universal Substantive Examination: Every Patent application undergoes a substantive examination to ensure the invention meets the requirements of novelty, inventive step, and industrial applicability. This process ensures that only truly innovative inventions are granted Patent protection. Territorial Protection: Patent rights are territorial, meaning protection is only valid in the country or region where the Patent is registered and approved. To secure protection in other countries, the inventor must file separate Patent applications in those countries.   By understanding these six principles, innovators and industry players can take the necessary steps to legally protect their inventions and maximize their economic potential.   You might also want to read: Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].

Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period - AFFA IPR

Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period

On October 28, 2024, Indonesia introduced significant updates to its Patent System through Law No. 65 Year 2024, amending Law No. 13 Year 2016 on Patents. These changes aim to align Indonesia’s Patent System with global technological advancements while strongly emphasizing national interests. For international stakeholders and Patent applicants, this article highlights the crucial changes related to what does not constitute an invention and the updated novelty grace period.   What Is Not Included as an Invention According to Article 4 of the Patent Law, inventions do not include the following: Aesthetical creations; Schemes; Methods to conduct: – Mental activities; – Games: and – Businesses: Computer programs, except for the inventions that are implemented using computers; Presentations of information; and Theories and methods in the field of science and mathematics.    Previously, discoveries in the form of new use of existing and/or known product; and/or new forms from existing compound that do not generate significantly enhanced efficacy and contain different relevant known chemical structures to the compound, did not constitute inventions. The removal of this provision is intended to accommodate developments related to new uses for existing and/or known products that are still considered Inventions and can be granted a Patent. The Patent for such new use does not prevent the public from producing the product as long as they do not mention or indicate the patented use. Examples: Dapagliflozin: The first-use patent for diabetes has expired and has entered the public domain, so the public can use Dapagliflozin with the indication for diabetes without infringing the second-use patent. The second-use patent, which is for kidney disease, is still under patent protection. Snakehead Fish Extract: The first-use patent for cancer has expired and has entered the public domain, allowing the public to use Snakehead Fish Extract for cancer without infringing the second-use patent. The second-use patent, which is for COVID-19, is still under patent protection.   Furthermore, the term “computer program” refers to a computer program that only contains a program without technical characteristics, technical effects, or problem-solving capabilities. Problem-solving that involves a computer program, which in its implementation uses a computer, computer network, or other programmable equipment, can be considered an Invention, hereafter referred to as a computer-implemented Invention.   Examples of problem-solving involving a computer program that can be considered an Invention are: a computer program used for navigation based on the global positioning system (GPS) in motor vehicles; a computer program used to maintain a safe distance from the vehicle in front by automatically adjusting the vehicle’s speed; and a computer program used to control the electrical connectivity of household equipment.   Extended Novelty Grace Period One of the most notable updates is the extension of the novelty grace period. Previously, an invention disclosed within six months before the filing date under specific conditions would not lose its novelty. The amendment extends this period to 12 months, providing greater flexibility for inventors to publicly showcase their work without risking Patent eligibility.   Key Conditions for Grace Period: Exhibition Disclosure: Public display at recognized exhibitions in Indonesia or abroad. Experimental Use: Research and development purposes in Indonesia or abroad. Scientific Disclosure: Presentations during scientific sessions, such as thesis defenses or research discussions. Confidentiality Breaches: Unauthorized disclosure by third parties.   This extension demonstrates Indonesia’s commitment to fostering innovation by allowing inventors more time to refine and file their applications, encouraging global and domestic filings. For a deeper dive into the broader implications of the revised Patent Law, read our comprehensive guide: The Ultimate Guide to the Amendment of the Indonesian Patent Law. Should you need to know how this new definition impacts your business or invention, feel free to contact us at [email protected].

Amended Definition of Patent under the Revised Indonesian Patent Law - AFFA IPR

Amended Definition of Patent under the Revised Indonesian Patent Law

The landscape of Intellectual Property in Indonesia continues to evolve, reflecting the dynamic nature of technology and innovation. One of the most significant updates in Law No. 65 of 2024, which is the third amendment to Law No. 13 of 2016 on Patents, lies in the revised definition of “Invention.”   The Old Definition Under Law No. 13 of 2016, Article 1(2) defined an invention as: “An idea of an inventor embodied into a specific problem-solving activity in the field of technology in the form of product or process, or refining and developing product or process.”   While this definition provided a foundation for Patent protection, it was deemed limited in addressing the broader advancements in technology and innovation across various industries.   The New Definition With the enactment of Law No. 65 of 2024, Article 1(2) now defines an invention as: “An idea of an inventor embodied into a specific problem-solving activity in the field of technology in the form of product and/or process, refinement, and/or development of a product and/or process, as well as systems, methods, and uses.”   Key Changes and Implications   Broader Scope: The inclusion of “systems, methods, and uses” significantly broadens the scope of what can be patented. This change acknowledges the importance of protecting technological advancements that may not fit neatly into the previous categories of “product or process.” Clarity and Flexibility: By adding “and/or” between product, process, refinement, and development, the law ensures greater flexibility in interpretation, making it more inclusive for different types of innovations. Alignment with Global Standards: The new definition aligns more closely with international Patent laws, making Indonesia a more attractive jurisdiction for inventors and businesses seeking to protect their Intellectual Property globally.   Why the Change Matters   This amendment reflects Indonesia’s commitment to adapting its Intellectual Property framework to keep pace with the rapid evolution of technology. From AI-driven systems to innovative methods in healthcare, the revised definition ensures that inventors in Indonesia have a robust legal foundation to protect and commercialize their ideas.   The revision is not only a response to domestic technological advancements but also a move to foster innovation and competitiveness in the international market. By expanding the definition, Indonesia signals its readiness to embrace emerging industries and future innovations.   For a deeper dive into the broader implications of the revised Patent Law, read our comprehensive guide: The Ultimate Guide to the Amendment of the Indonesian Patent Law. Should you need to know how this new definition impacts your business or invention, feel free to contact us at [email protected].