[Reminder] Indonesia - Patent Working Statement to be Submitted Before 31 December 2025 - AFFA IPR

[Reminder] Indonesia – Patent Working Statement to be Submitted Before 31 December 2025

Patent, Intellectual Property

All Patent Owners in Indonesia are reminded to submit their Patent Working Statement or ‘Statement of Use’ no later than 31 December 2025 or before the date of the annuity deadline. This requirement applies to all Granted Patents and is mandated under the latest amendments to Indonesia’s Patent Law. Failure to comply may result in legal consequences, including compulsory licensing and/or invalidation.   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 the 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 the patented product but it has not been commercialized yet; Manufacturing the patented product and it has already been commercialized; Utilizing the patented process but it has not been commercialized yet; Utilizing the patented process and it has already been commercialized; Importation; and Licensing.   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 is 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 submission of Patent Working Statement in Indonesia, please contact us through the channels below: ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   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. For more information, please visit: www.affa.co.id.

5 Stages of Patent Registration Process in Indonesia - AFFA IPR

5 Stages of Patent Registration Process in Indonesia

Patent, Intellectual Property3 Comments

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].