Innovation and intellectual property are the driving forces behind progress, and Indonesia is stepping up to the plate. With the enactment of Law No. 65 of 2024 on October 28th, Indonesia has made sweeping changes to its Patent Law No. 13 of 2016. These updates aim to modernize the patent landscape, making it more inclusive for groundbreaking inventions and adaptable to today’s fast-paced technological advancements.
Whether you’re a researcher, an innovator, or a business navigating the IP landscape in Indonesia, understanding these changes is critical. We will break down the most significant amendments and how they impact patent applications, compliance, and innovation protection.
Expanded Categories of Patentable Inventions
The new law broadens the scope of patentable subject matter, recognizing systems, methods, and uses as eligible types of inventions. This expansion ensures better protection for diverse forms of innovation.
Notably, Article 4(d) provides clarity by distinguishing between non-patentable software and patentable computer-implemented inventions, creating a more defined boundary in this complex area.
Additionally, the removal of Article 4(f) marks a pivotal shift, allowing patents for second medical uses of known pharmaceutical products or compounds. This adjustment aligns Indonesia with international patent practices, particularly in the pharmaceutical sector.
Removal of Restrictions on Certain Inventions
The amendments also eliminate specific exclusions to patentability:
- Article 9(c): The provision excluding methods and theories in science and mathematics from patentability has been removed.
- Article 167(c): The five-year limitation period before patent expiry, which restricted researchers from utilizing patented inventions, has also been abolished.
These changes pave the way for greater flexibility and opportunities for innovation and research.
Procedural Simplifications in Patent Applications
Several procedural updates aim to make patent applications more efficient and less cumbersome:
- Grace period for novelty: Article 6 extends the grace period for disclosures affecting novelty from 6 months to 12 months, providing additional time for applicants to secure protection.
- Applicant statements: Article 25(2)(g) eliminates the requirement for a signed applicant statement.
- Genetic source citations: Article 26 simplifies compliance by requiring only a basic citation when a patent relates to a genetic source.
Enhanced Reinstatement Provisions
The law now provides clearer mechanisms for reinstating rights and applications:
- Priority rights: Article 30 allows reinstatement of priority rights within 4 months of their expiration, subject to payment of fees.
- Formality failures: Article 36 permits reinstating applications that failed formal requirements, provided this is done within 6 months of receiving a notification.
- Withdrawn applications: Article 43 enables applicants to reinstate voluntarily withdrawn applications within 6 months of notification.
Changes to Examination and Publication Timelines
The amendments introduce faster processes for examining and publishing patent applications:
- Accelerated publication: Article 46 allows for early publication of applications within 3 months of the filing date.
- Early substantive examination: Article 55A enables applicants to request a substantive examination once their application is deemed complete. Results of the early examination are provided within 30 days of publication.
Additionally, Article 63A introduces the option to request a re-examination in several scenarios, such as rejection of an application or post-grant corrections.
Adjustments to Patent Maintenance and Compliance
Patent holders should be aware of stricter compliance requirements under the new law:
- Late annuity payments: Article 126(4) establishes a 6-month grace period for late annuity payments, subject to a 100% fine. This replaces the previous deferment option for annuity payments.
- Implementation statements: Article 20A requires patentees to submit a statement on the implementation of their patent in Indonesia. However, no penalties for non-compliance are stipulated.
Implementation Timeline and Transitional Challenges
Although the new law is fully effective as of October 28th, 2024, its practical implementation depends on additional regulations, fee adjustments, and updates to the e-filing system. These administrative changes may result in delays as the system transitions to accommodate the amendments.
To Conclude
These new Indonesian patent updates are more than just a set of small changes; it’s a strategic step forward to increase innovation and streamline processes for inventors and businesses alike. However, navigating these changes effectively requires expertise and strategic planning.
Don’t let these complexities hold you back. Whether you’re filing your first patent application or managing a portfolio, our team is here to ensure your intellectual property receives the protection it deserves.
Want to know more about how Indonesia is boosting their innovation through patent regulations? Read our article about their new PPH Agreement!
Any other questions? Contact us today to learn how we can support your IP strategy in Indonesia and beyond.