Indonesia's Patent Law was revised and officially came into effect on October 28, 2024

The amendment to the Indonesian Patent Law (No. 13 of 2016) was promulgated on October 28, 2024. The amendment has made a number of major reforms to the Indonesian patent system, aiming to promote innovation, strengthen patent procedures and adjust patent regulations. It is mainly manifested in five aspects:

1. Patentability:

• The new patent law explicitly recognizes systems, methods, and uses as different types of inventions that can benefit patent holders. By explicitly expanding the scope of patentable inventions, the new patent law provides comprehensive protection for a wider range of innovations.
• The new law eliminates the patent exemption for "new uses" and "new forms" of existing products or compounds in Section 4(f), allowing patents to be applied for "second medical uses" of known pharmaceutical products or compounds, encouraging research on further applications and functions beyond new products or compounds to meet the innovation needs of the pharmaceutical industry.
• The new law clearly stipulates that computer programs are programs other than computer-implemented inventions. This exemption clarifies the boundary between non-patentable software and patentable technology, ensuring that software innovations in achieving technical solutions or effects can be patented, so as to encourage innovation in software-driven technology and promote further development in areas such as artificial intelligence, automation and digital tools.

2. Patent application process:

• Novelty grace period: The novelty grace period for inventors to disclose their inventions at official exhibitions, for research and development purposes, at scientific lectures or forums is extended from 6 months to 12 months.
• Restoration of priority right: For an application that misses the 12-month priority period, the priority right can be restored as long as a request for restoration of rights is filed within 4 months after the expiration of the priority period.
• Proof of genetic resources: Applicants may only need to provide a declaration of genetic resources and/or traditional knowledge, and there is no longer a requirement that the declaration be made by an official agency recognized by the government.
• Declaration of ownership: To simplify the procedure, the declaration of ownership of the inventor has been cancelled.
• Late submission of documents: For a specification submitted in a language other than English, the applicant may submit the English translation and the Indonesian translation later within a grace period of 30 working days from the filing date.
• Extension request: The new law only allows one extension request during the formal examination stage, while previously two extensions were allowed, in order to shorten the formal examination time.
• Request for early publication: According to the new law, applicants can make a request for early publication of patent applications, so that patent applications can be published in advance within 3 months from the date of application.
• Early Examination: Applicants may also file a request for early examination, provided that it is filed before publication begins.
• Request for restoration of rights: For applications that have become invalid due to non-compliance with formal requirements, the new law allows applicants to file a restoration application within 6 months from the date of issuance of the patent revocation notice.
• Review: The new law also introduces a new review system at the substantive examination stage, which applies to Indonesian patent applications that have received rejection decisions and grant decisions, as well as corrections and deemed withdrawn applications within 9 months from the date of notification. Previously, applicants could only file a review application with the Patent Appeal Board. For applications deemed withdrawn, the deadline is shortened to 2 months from the date of notification.
• Annual fee delinquency period: The new law stipulates a six-month delinquency period for annual fees. If the annual fee is overdue, it can be paid within the six-month delinquency period, but a 100% late payment fee must be paid. Previously, patent owners could request an extension of the payment period for annuities.
• Patent Implementation Statement: The new law stipulates that the patent owner should submit a declaration of implementation of the patent in Indonesia to the Indonesian Patent Office every year, but the new law does not stipulate the consequences of not submitting such a declaration, nor does it stipulate relevant implementation rules.

Third, the new law allows patent holders to use patented inventions for research and experimental purposes, cancels the previous five-year restriction period before the patent expires, and allows researchers to use patented inventions without time restrictions. This change will speed up the development of non-patent substitutes for patented drugs.