09 September, 2016

Indonesia Update: New Indonesian Patent Law Enacted

Indonesia Update: New Indonesian Patent Law Enacted

Following the passing of a new Patent Law by the Indonesian Parliament, it is now confirmed that the new Patent Law, i.e. Law No. 13 of 2016 has been executed by the President on the 26th of August 2016 and is in force on the 26th of August 2016.

With the passing of the new Patent Law and its enactment, all national filings which were filed in Indonesia on and from 26 August 2016 will be processed under the new Patent Law, Law No. 13 of 2016. However, all applications which are still pending on the 26 August when Law 13 of 2016 was enacted, will be processed by the previous patent Law, i.e. Law No. 14 of 2001.

With respect to the highlights of the significant changes in Law 13 of 2016, the following are the key changes as discussed in our newsletter of 25 August 2016 (read here).

  • Second use or second medical use claims no longer allowed
  • Exemptions from Patent Infringement
  • Provision on payment of patent annuities
  • Expansion on the scope of Simple Patents
  • Provision on post grant opposition
  • Expansion on scope of compulsory licenses

If you have any questions in regard to these changes, please don’t hesitate to contact us.

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