6 Key Principles of Patent Protection in Indonesia - AFFA IPR

6 Key Principles of Patent Protection in Indonesia

Patent, Intellectual Property1 Comment

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

Patent, Intellectual Property2 Comments

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

Patent, Intellectual Property

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].

2025 Resolution: Wealth Through IP - Make It Happen! - AFFA IPR

2025 Resolution: Wealth through IP – Make It Happen!

Intellectual Property

As we enter a new year, many of us aim for ambitious resolutions, including achieving financial success. One often-overlooked but highly effective way to achieve this is through Intellectual Property (IP) ownership—be it Trademarks, Patents, Industrial Designs, or Copyrights. Hard to imagine? Let’s look at some inspiring examples of how IP has made others wealthy.   Trademarks: David Beckham Earned USD 36 Million in 2024  By licensing his name to major companies like Adidas, Nespresso, and Stella Artois, the English football icon significantly boosted his income from the previous year, which was “just” USD 16.2 million. This is remarkable, considering he retired more than a decade ago.  Moreover, the entire Beckham family, from his wife Victoria to his children Brooklyn, Romeo, Cruz, and Harper, have also registered their names as Trademarks with the UK Intellectual Property Office (UKIPO). So, if you have a unique name with notable achievements, don’t hesitate to register it and use it as your business identity.   Patents: Dyson’s Innovations Generated GBP 1.4 Billion in 2023  Founded by Sir James Dyson in 1991, Dyson started with the revolutionary bagless vacuum cleaner. Today, its innovations extend to other technologies used in household appliances such as hand dryers, bladeless fans, air purifiers, and hair styling tools.  Although the company invests heavily in R&D for AI, robotics, and cutting-edge battery technologies, its tens of thousands of registered patents have been licensed to numerous companies worldwide, providing additional revenue beyond the sales of finished products. In 2023, Dyson’s total revenue reached GBP 7.1 billion!   Copyrights: Mariah Carey’s Royalties Reach USD 3 Million Annually  In the entertainment world, Copyright is an invaluable asset. For instance, Mariah Carey’s timeless hit, “All I Want for Christmas Is You,” has generated annual royalties of around IDR 48 billion despite being released in 1994. These royalties come from frequent airplay on radio, streaming platforms, and usage in films and commercials every holiday season.  If you create a song or movie with a holiday theme, its popularity and playback could grow yearly, allowing you to earn passive income through royalties.   Industrial Designs: Bandai’s 20 Billion Yen Annual Revenue from “Henshin Belt”  It’s no secret that the Kamen Rider series serves as a year-long advertisement for toys. Each year, a new Kamen Rider series is introduced, complete with a new Henshin Belt—more sophisticated and unique, following current trends.In the story, the Henshin Belt is a high-tech device enabling the protagonist to transform into a superhero. To captivate children, the toy version incorporates engaging “gimmicks.” For example, in the latest series, Kamen Rider GAVV, the gimmick involves inserting small monster-shaped collectibles into the belt to unlock various powers. Bandai registers the Industrial Design for the belt and its collectible monsters to ensure exclusivity and economic rights. With this protection, no other party can legally use the unique design without permission. The result? Annual toy sales of approximately USD 134 million!   These examples show that Intellectual Property isn’t just a foreign concept—it’s also applicable in Indonesia or everywhere. You can use your name as a Trademark for a restaurant franchise or create a unique product design registered as an Industrial Design. As long as your IP is protected, it will continue to generate opportunities to build wealth in the future. If you’re an innovator, business owner, athlete, musician, or creator from any background, IP-based business opportunities can be a promising source of future income. To learn more about securing legal protection for your Intellectual Property, reach out to us at [email protected].

Fighting IP Crimes: Indonesia's IP Office Task Force Destroys IDR 5.35 Billion Worth of Counterfeit Goods! - AFFA IPR

Fighting IP Crimes: Indonesia’s IP Office Task Force Destroys IDR 5.35 Billion Worth of Counterfeit Goods!

Event, Intellectual Property, Trademark, Industrial Design1 Comment

The Indonesian Intellectual Property (IP) Task Force, a cross-ministerial special task force of the Republic of Indonesia, consists of the Directorate General of Intellectual Property (DGIP), the Directorate General of Customs and Excise (DGCE), the National Agency of Drug and Food Control (BPOM), the Ministry of Communication and Digital (Komdigi), the Criminal Investigation Department (Bareskrim) of the National Police, and the National Cyber and Crypto Agency (BSSN). On December 12, 2024, the task force symbolically destroyed a number of products associated with violations of 12 Trademarks and Industrial Designs.   During a press conference, the Director General of Intellectual Property, Razilu, stated: “This destruction serves as a strong message from the DGIP that there is no room for Intellectual Property violations in Indonesia.”   At least three key messages were conveyed through the destruction of these products: Deterrence: To provide a deterrent effect on offenders, ensuring they refrain from committing further violations. Both civil and criminal legal actions can be enforced against them. Creator and Owner Protection: To assure creators and IP owners that their works are protected, fostering an environment where they can continue innovating. Public Awareness: To urge the public never to buy counterfeit or fake goods at low prices, as these products can adversely affect health, employment, and the environment.   The destroyed products, valued at IDR 5.35 billion, included the following: LEGO (toys): Worth over IDR 1 billion, from 110 items. Comotomo (baby bottles): Worth over IDR 500 million, from 888 items. Mimi White (hand and body lotion): 216 items. MT NG Shan (drill bits): 2,000 pieces. Louis Vuitton (women’s bags, wallets, and belts): 10 items. Christian Louboutin (women’s shoes): 2 pairs. Tokai (lighters): 5 boxes. Orion Choco Pie (snack/biscuits): 50 boxes. Honda (spare parts): 30 boxes. Honda (generators): 30 units. Harley Davidson (apparel accessories, umbrellas, and wallets): 600 items. Food Packaging (Industrial Design): 30 boxes.   It is important to note that the products classified as IP violations are not limited to counterfeit goods but also include goods illegally entering the Indonesian market. Under the law, smuggled goods that bypass official channels, fail to adhere to applicable import procedures, and are subject to objections by the official license holders of the relevant trademarks are subject to enforcement actions.   Given the complex and extensive scope of IP  violations, cross-sector enforcement is required. The specific roles of the involved institutions are as follows: DGIP: Monitoring, supervision, preventive measures, mitigation strategies, and enforcement of IP laws. DGCE: Addressing the importation of goods suspected of infringing IP rights. BPOM: Managing the distribution of food and pharmaceutical products that are suspected of infringing IP rights and endangering public health and the environment. Komdigi: Handling complaints and requests for blocking websites related to goods and/or services deemed to violate IP rights. Bareskrim Polri: Coordinating communication and collaboration for law enforcement from the central office to its units across Indonesia. BSSN: Monitoring IP violations in cyberspace and assisting in handling IP infringements that occur in the digital realm.   You might also want to read: Unraveling the Global Complexity of IP Crime: Money Laundering and More!   Each year, the average number of reports on IP violations is around 50 cases, with the majority involving Trademark, Industrial Design, and Copyright infringements. The active role of Komdigi has also significantly contributed to blocking 414 websites infringing Copyrights based on 16 requests. However, considering that the IDR 5 billion in damages mentioned earlier came from only 12 cases, this can be seen as just the beginning or the tip of the iceberg in the enforcement of IP laws in Indonesia.   Therefore, the participation of the five key components of the nation—Government, Academics, Private Sector, Society, and Media—is expected to continue supporting efforts to create a better Intellectual Property climate in Indonesia.   With increasing public awareness of the importance of Intellectual Property, there will also be positive impacts on the national economy and Indonesia’s investment climate in the global arena.   Should you need more information regarding Trademark protection and other Intellectual Property matters in Indonesia and abroad, feel free to contact us via email at [email protected].

Patent Translation Submission Requirement in Indonesia - AFFA IPR

Patent Translation Submission Requirement in Indonesia

Patent, Intellectual Property

In accordance with the latest amendment of the Indonesian Patent Law, all foreign applicants who wish to file patent applications in Indonesia have to provide the Indonesian IP Office (DGIP) with the following:   ⁠If the description is written in foreign languages other than English, the description shall be complemented with the English and Indonesian translations; or If the description is written in English, it shall be complemented by an Indonesian translation.   This new policy is aimed to enable the examiners to examine the applications more thoroughly, since in the past some applicants from non-English speaking countries only provided the description, claims, and figures in their languages and then in Indonesia.    Please be mindful of the deadline to submit the above within 30 working days from the filing date. Should you require any assistance for patent translation in Indonesia, please do not hesitate to contact us at [email protected].

TKDN-Related Sales Restrictions: How Can IP Play a Role in Enhancing its Composition - AFFA IPR

TKDN-Related Sales Restrictions: How Can IP Play a Role in Enhancing Its Composition

Intellectual Property

The Indonesian government recently banned the distribution of the iPhone 16 due to its failure to meet the required Domestic Component Level (TKDN) threshold of 35%. This policy serves as a stern reminder to all local and international manufacturers of the importance of contributing to the development of domestic industries.   However, the iPhone 16 is not the only TKDN-related issue in the spotlight. Previously, the tactical vehicle Maung Pindad, used by “RI 1” (the President), became a success story in fulfilling TKDN requirements. According to Chief of Presidential Staff Anto Mukti Putranto, while 30% of Maung’s components were sourced from Korean and German manufacturers, namely SsangYong and Mercedes-Benz, the remainder was developed locally.   So, who is obligated to comply with TKDN regulations? How can Intellectual Property (IP) certificates help meet these requirements? Let’s dive into the details.   Legal Basis of TKDN   TKDN refers to the percentage of goods or services derived from domestic components in a product, service, or combination of both. This policy is governed by Minister of Industry Regulation No. 16 of 2011, which outlines the rules and methods for calculating TKDN. At least three parties are required to comply with TKDN regulations:   Electronics and Telecommunications Manufacturers: Products like smartphones with 4G/5G technology must have a minimum TKDN value of 35%, as stated in Minister of Industry Regulation No. 22 of 2020 on Electronics and Telematics TKDN Calculation Guidelines. Goods/Services Providers for Government Projects: Under Presidential Regulation No. 16 of 2018 on Government Procurement, all government-procured goods/services must prioritize products with high TKDN values. Strategic Industries: For example, battery electric vehicles (BEVs) are regulated under Minister of Industry Regulation No. 6 of 2022, which specifies development roadmaps, specifications, and TKDN calculation requirements.   Intellectual Property & TKDN Calculation Framework   Factors influencing a product’s TKDN value include:   Type of Product and/or Service: Different products have unique parameters and calculation weights, such as manufactured goods, technology, or services. Local Components Used: The greater the proportion of raw materials or services sourced domestically, the higher the TKDN value.  Contribution of Certification and Local Innovation: Intellectual Property certificates, SNI (Indonesian National Standard), and Halal certification can increase the domestic component value.   It can be concluded that owning IP Certificates, such as Patents, Trademarks, and Industrial Designs, allows businesses to count these as part of the Domestic Component (KDN).   The varying needs of industries and technical specifications result in differing TKDN standards. For instance, electronic products like smartphones require a minimum TKDN value of 35%, whereas strategic industrial products like electric vehicles involve more complex parameters, including design and testing.    Specifically for the iPhone, Apple previously held a TKDN certificate, but its validity period has expired. To renew it, the government still deems the latest investment made in educational facilities insufficient. Apple would need to establish larger manufacturing plants and research development centers to meet the requirement.   Requirements for Meeting TKDN Standards   To obtain TKDN certification, businesses must fulfill the following requirements: Company Legal Documents: Articles of incorporation and business licenses. Intellectual Property Certificates: Relevant patents, trademarks, or industrial designs. Quality Management System: Certification such as ISO 9001:2015. Proof of Local Components: Cooperation contracts with local suppliers or invoices for locally sourced raw materials. Verification Body Appointment Letter: Only independent bodies designated by the Ministry of Industry can conduct TKDN verification.   TKDN as a Strategic National Policy   From its requirements and objectives, TKDN is not just a regulation but a strategic national policy to strengthen domestic industries. Similar policies exist in other countries, such as: Buy American Act in the United States; Industrial and Regional Benefits in Canada; Local Content Policy in Brazil; Local Content Requirement in the European Union; Make in India in India; and China’s Indigenous Innovation Policy in China.   This long-term policy to enhance Indonesian products’ competitiveness in local and global markets deserves our full support.   Does your product meet the required TKDN standards? Don’t hesitate to consult us about registering your Intellectual Property as part of TKDN compliance. Contact us via email at [email protected].

WIPO's 2024 Report: Indonesia Ranks Among Global Leaders in Trademarks and Design Growth - AFFA IPR

WIPO’s 2024 Report: Indonesia Ranks Among Global Leaders in Trademarks and Design Growth

Intellectual Property

The World Intellectual Property Organization (WIPO) recently released the World Intellectual Property Indicators 2024 (WIPI) report, highlighting the growth performance of Intellectual Property (IP) in 2023. This report provides a comprehensive overview of global trends in IP, covering Patents, Trademarks, Geographical Indications, Industrial Designs, and Plant Variety Protection. It is a vital reference for governments, entrepreneurs, and innovators to understand their country’s position in the global IP landscape.   China, India, Russia, and Indonesia showcased remarkable growth in this report. China leads with 1.64 million Patent applications, accounting for 46% of all Patent applications worldwide. Regarding Trademark and industrial design applications, China also dominated with 7.4 million Trademark applications (approximately 49% of the total global market) and 58% of global industrial design filings. Similarly, China commanded a 54% share in plant variety protection applications.   How Did Indonesia Perform?   While the global average for Trademark applications declined by 2%, Indonesia bucked the trend with a 10% increase in 2023, trailing only Russia (30%) and Mexico (11%). For industrial designs, Indonesia recorded the highest global growth at 37.3%, far surpassing the global average of 2.8%. In absolute numbers, Trademark applications in Indonesia rose from 122,458 to 152,447, and industrial design filings increased from 4,795 to 6,326. These achievements place Indonesia as a Southeast Asian leader, far ahead of Singapore, Malaysia, and Thailand.   Global Rankings: Where Does Indonesia Stand?   Trademark Applications Indonesia ranks 15th globally, behind: China (7,184,831) United States (739,395) Russia (546,455) India (520,862) EUIPO (436,720) Brazil (427,327) Turkey (398,763) United Kingdom (345,205) Japan (328,559) Iran (327,384) South Korea (314,284) France (263,550) Germany (229,793) Mexico (205,867)   Industrial Design Applications Indonesia ranks 19th globally, trailing: China (826,086) EUIPO (116,884) United Kingdom (81,543) United States (60,022) South Korea (59,454) Turkey (58,084) Italy (37,099) Japan (32,061) France (30,023) Germany (29,663) India (28,168) Spain (14,776) Switzerland (11,391) Russia (10,472) Canada (9,037) Australia (8,798) Iran (7,841) Brazil (7,679)   Creative Industries Drive Growth According to the WIPI 2024 report, Indonesia’s growth in Trademarks is largely fueled by MSMEs and the creative economy, while the textile, fashion, and handicraft sectors primarily drive the surge in industrial design filings The data further indicates that the primary purpose of registering Trademarks and industrial designs in Indonesia is to facilitate exports.   Future Potential and Opportunities As public awareness of IP registration continues to grow, Indonesia holds immense potential to become a hub for innovation and intellectual property in the ASEAN region. Strengthening regulations, increasing public education, and fostering collaboration with the private sector can help capitalize on this momentum.   Should you need more information about the registration and protection of Patents, Trademarks, or Industrial Designs, both domestically and internationally, please contact us via email: [email protected].

Indonesia - Adjustment to the IP Services Official Fees Under the Government Regulation No.24 Year 2024 - AFFA IPR

Indonesia – Adjustment to the Intellectual Property Services Official Fees Under the Government Regulation No. 45 Year 2024

Intellectual Property

The Government of the Republic of Indonesia has issued the latest update on the Non-Tax State Revenue for the Ministry of Law and Human Rights under the Government Regulation No. 45 Year 2024. The adjustments cover IP services pertaining Trademark, Geographical Indication Patent, Industrial Design, and Copyright. We herewith provide you the summary of the changes for your perusal and please bear in mind that anything not listed here is not affected.   Trademark and Geographical Indication The items that have been adjusted are as follows:   Type of Action Old Fees New Fees International Registration designating Indonesia CHF 144 CHF 125 International Registration renewal in Indonesia CHF 180 CHF 156 International Registration renewal in Indonesia (within 6-month grace period) CHF 360 CHF 313 Requesting substantive examination for a Geographical Indication application N/A IDR 1,000,000.00   Patent The items that have been adjusted are as follows:   Type of Action Old Fees New Fees Accelerated publication IDR 400,000.00 IDR 500,000.00 Patent substantive examination request IDR 3,000,000.00 IDR 3,500,000.00 Simple patent substantive examination request IDR 500,000.00 iDR 750,000.00 Priority rights document request IDR 300,000.00 IDR 500,000.00 Patent decision appeal request IDR 3,000,000.00 IDR 4,000,000.00 Post-grant correction of description, claim, and/or figures after the patent is granted IDR 3,000,000.00 IDR 4,000,000.00 Post-grant appeal against the decision to grant a patent IDR 3,000,000.00 IDR 4,000,000.00 Patent Board of Appeal decision request N/A IDR 20,000.00 per page   Industrial Design No changes or adjustments were introduced for Industrial Design matters.   Copyright The items that have been adjusted are as follows:   Type of Action Old Fees New Fees Application IDR 400,000.00 OR  IDR 600,000.00 (if software) per creation IDR 200,000.00   Should you have any further questions and queries about the adjustment of official fees, please do not hesitate to contact us at [email protected].  

The Ultimate Guide to the Amendment of the Indonesian Patent Law - AFFA IPR

The Ultimate Guide to the Amendment of the Indonesian Patent Law

Patent, Intellectual Property6 Comments

The Indonesian IP world has just gotten more exciting after the enactment of the Law No. 65 Year 2024 on the Third Amendment to the Law No. 13 Year 2016 on Patents on 28 October 2024. The amendment is designed to be in line with the current technological practices around the world, while at the same time putting a special emphasis on the national interest. It also aims to make Indonesia’s Patent System more adaptable and responsive to contemporary needs.   Please note that as the result of this amendment, several official fees have increased as well. The actions that are subject to the increase include the acceleration of publication, substantive examination request for both invention patent and simple patent, and the appeal before the patent board of appeal/appeal commission. Whereas for recordals (data amendment,  assignment and license), certificate correction, filing and annuity fees remain the same.   The key theme of the amendment is divided into 28 parts below.  Please note that the amendment has the following conditions:   Patent applications that have been submitted and processed but are not yet completed will continue to be processed based on the provisions of patent legislation prior to the enactment of this Law. The protection period for simple patent applications submitted under Law No. 14 of 2001 on Patents and Law No. 13 of 2016 on Patents, as amended by Law No. 6 of 2023 on the Establishment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as Law, is calculated from the Filing Date. Patents granted under Law No. 14 of 2001 on Patents shall remain valid until the end of their protection period.   Should you need more information regarding the proposed amendment of Patent Law in Indonesia, please do not hesitate to contact us via [email protected].