National Patent Filing in Indonesia: An Overview of Law Number 65 of 2024 as the Third Amendment to Law Number 13 of 2016 on Patents

illustration of patent rights (CNN)

What Can Be Patented in Indonesia?

• An invention may be granted a Patent if it is a technical solution in the form of: Product, or Process, or Improvement or development of a product or process

  
  

• Patentability Requirements: Novelty, Inventive Step, Industrial Applicability

  
  

• Patent Term: Patent: 20 years from the filing date, Simple Patent: 10 years from the filing date

National Filing PCT Patent

Deadline for National Phase Entry of PCT Patent Applications

31 months from the PCT international filing date

Mandatory Documents for National Filing of a PCT Patent

1. PCT International Application Number

2. International Filing Date

3. Applicant’s Details

4. Inventor’s Details (including nationality, address, etc.)

5. Title of the Invention

6. Indonesian Translation of the Description and Drawings

7. Power of Attorney (POA) – scanned copy is sufficient

8. Assignment Document – scanned copy is sufficient

PCT Patent Filing Procedure and Key Deadlines

1. National Filing - deadline 31-months from PCT filing Date)

2. Formal Examination - Indonesian Patent Office checks: Completeness of documents, Formal compliance, Fee for National Filing

3. Publication – 18-months since national filing

4. Request substantive examination – 36-months from International filing date (no extension allowed)

5. Result of Examination – approximately 12-36 months since Request Examination

6. Response Result of Examination – 3-months from Result of Examination letter date, can be extended for 2 months, and another additional 1-month extension subject to official fee.

7. Grant or Rejected – Result of Examination

Payment Annuity and Working Statement Deadline

• Under the new Indonesia patent Law Number 13 Year 2016 article 126, the first accumulated annual fee shall be made 6 months and one day before the granted date. The first payment of the accumulated annual fee shall be counted from the first year of the filing date, i.e. 02 July 2019, with an additional 1 (one) year of the annual fee for the next period. Then, the term of annuities will be from 1st – 8th years. The aboveaccumulated annuity fees will be due on 22 June 2026.

  
  

• The next annuity payment, provided that the Patent is still valid, shall be made at the latest 1 (one) month before the filing date for the next protection period. Thus, the 9th-year tax deadline will be on 03 June 2027

  
  

• Following the amendment of the Indonesian Patent Law No. 65 of 2024 effective 28 October 2024 under Article 20A, all patent Holders are now required to submit an annual Patent Working Statement form the Directorate General of Intellectual Property (DGIP). The statement must be filed online using the official DGIP template by 31 December of each calendar year and applies to all active patents, regardless of the grant date.

Additional Information for Recordal Changes

• Recordal Change Address:

  Documents needed: POA recordal Change Address, Proof Document of Change Address

• Recordal Change Name:

  Documents needed: POA Recordal Change Name, Proof Document of Change Name

• Recordal Assignment Patent Holder:

  Documents needed: POA Assignment, Assignment document, Deed of Assignment, legalized to the consulate locally