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:
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- 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who requested extensions still failed to complete the requirements, resulting in their applications being considered withdrawn.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- The second extension option (1 month with a fee) has been repealed.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documents within the prescribed period, including the extension, will result in the Patent application being considered withdrawn.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].
