Patent Implementation (Indonesia)

Illustration of patent implementation (Pix4)

Implementation of the Patent by the Patent Holder

Applicable Laws and Regulations:

1. Article 17 paragraph (1) of Law 14/2001 on Patents

   Without prejudice to the provisions of Article 16 paragraph (1), Patent Holders are required to manufacture products or use processes covered by Patents in Indonesia.

   
   

2. Article 20 of Law No. 13/2016 on Patents

   a. The Patent Holder shall manufacture the product or use the process in Indonesia.

   b. Manufacturing the product or using the process referred to in paragraph (1) must support technology transfer, investment absorption, and/or job creation.

   
   

3. Job Creation Law 2020

   Article 20

   1. Patents must be implemented in Indonesia.

   2. The implementation of patents as referred to in paragraph (1) includes:

      (1). the implementation of product patents, which covers the manufacturing, importing, or licensing of patented products;

      (2). the implementation of process patents, which covers the manufacturing, licensing, or importing of products resulting from a patented process.

      
      

4. Article 20A of Law No. 65 2024

   The Patent Holder as referred to in Article 20 shall make a statement of implementation of the Patent in Indonesia and notify the Minister no later than the end of each year.

Patent Implementation Requirements

Definition:

The obligation of a patent owner to use or exploit the invention in the country granting the patent.

Purpose of the Requirement:

The purpose of these requirements is to discourage patent hoarding and patent trolling, facilitate the transfer of technology, foster real innovation rather than mere paper ownership, ensure the availability of products within the domestic market, safeguard the public interest, and drive sustainable economic growth

What to Do

• This requirement applies to all active patents, including those granted both before and after the enactment of Indonesian Patent Law No. 65 of 2024.

• The statement must be made using the official template provided by the DGIP through the online filing system.

• The working statement is required to be filed on an annual basis, no later than December 31 of each calendar year. No supporting documentation is necessary other than the duly signed form, and a scanned color copy is acceptable.

• The Patent Office is still allowing submission of ‘overdue’ working statements. (Until further notice/provision from Indonesia Patent Office)

The Patent Implementation May be Indicated in One of the Following Forms:

• Manufacturing the product but not yet commercialized,

• Manufacturing the product and already commercialized,

• Utilizing the process but not yet commercialized,

• Utilizing the process and already commercialized,

• Importation,

• Licensing, or

• The mentioned registered patent has not been implemented in Indonesia