The Indonesian government has enacted significant changes to its patent framework with the passage of Law No. 65 of 2024, marking the third amendment to the Patent Law since its inception under Law No. 13 of 2016. This amendment, effective October 28, 2024, continues Indonesia’s efforts to align its intellectual property (IP) system with evolving technological practices and international standards. Below is an overview of the key updates introduced by this law.
Key Amendments to Indonesian Patent Law
1. Expanded Definitions
- Invention: Now includes technological problem-solving activities, such as systems, methods, and uses, in addition to products and processes.
- Traditional Knowledge and Genetic Resources: Newly defined in acknowledgment of Indonesia’s rich cultural heritage and biodiversity.
2. Scope of Patent Protection
- Exclusions: Aesthetic creations, schemas, and certain methods remain unpatentable.
- Computer-Implemented Inventions: Now specifically excluded from the broader prohibition on software patents.
- Second Medical Use: Reinstated as patentable, reflecting a significant shift in the legal landscape.
3. Grace Period for Novelty
The grace period for prior disclosures has been extended from 6 to 12 months, giving inventors greater flexibility in protecting their innovations.
4. Implementation and Reporting Requirements
- Patent Implementation: Patent holders must declare the implementation of their patents to the Ministry annually.
- New Categories: Method patents, systems, and uses are now explicitly included within the scope of protection and reporting.
5. Genetic Resource Information
The requirement for obtaining government-authorized information on genetic resources during patent applications has been repealed, simplifying the application process.
6. Priority Right Applications
Applicants who miss the initial 12-month priority period now have an additional 4-month filing window, subject to fees.
7. Administrative Adjustments
- Language Requirements: Foreign-language descriptions must be accompanied by Indonesian and/or English translations within 30 days of filing.
- Filing Extensions: Extensions for formality requirements are now limited to 2 months, eliminating the previously available 1-month extension.
- Re-filing: Applications deemed withdrawn or voluntarily withdrawn may be re-filed within 6 months, provided formality requirements are fulfilled.
8. Substantive and Accelerated Examination
- Accelerated publication can now occur as early as 3 months from the filing date upon request.
- Substantive re-examinations may be requested within 9 months of notifications, addressing corrections, rejections, or withdrawals.
9. Compulsory Licensing Exemptions
Compulsory licenses are now exempted in cases where patents contribute to monopolistic practices or unfair business competition, based on rulings by the Business Competition Supervisory Commission.
10. Annual Fees and Penalties
Late annuity fee payments are subject to a 6-month grace period with a 100% penalty, emphasizing timely compliance.
The amendments introduced under Law No. 65 of 2024 reflect Indonesia’s commitment to fostering innovation while addressing critical challenges in patent administration.
- Patent Applicants: Benefit from extended grace periods, the inclusion of new patentable categories, and more streamlined application processes.
- IP Practitioners: Must navigate new procedural requirements for translations, re-filings, and reporting.
The third amendment to Indonesia’s Patent Law underscores the government’s focus on modernizing its IP framework in line with global developments. These changes are expected to enhance the country’s innovation ecosystem and ensure greater compliance with international patent practices.
For businesses and practitioners, understanding these amendments is critical to maximizing the benefits of Indonesia’s updated patent regime.
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