Indonesia update: no longer possible to postpone working of patented invention


The Indonesian government has recently issued a new regulation (Regulation No. 14 of year 2021) to remove the opportunity for patent owners to postpone working of their patented invention.

Under Indonesian Patent Law, patent owners are obligated to work their patented invention within 36 months from grant. Otherwise, a third party may request for a compulsory license and a Public Prosecutor or “other party that represents national interests” (and no other person) can request for the patent to be revoked.

In the past, it was possible to request for postponement of working a patented invention to avoid the patent being open to compulsory licensing and revocation. However, as of 3 February 2021, it is no longer possible to request for postponement of working a patented invention. For the avoidance of doubt, any requests filed before 3 February 2021 will be processed. In the event that a compulsory license is requested by an interest party, the patent owner will be notified accordingly.  

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