New Patent Law in Indonesia
The Indonesian Draft of Patent Law No. 13 of 2016 was finally passed in the plenary session in the House of Representatives on July 28th, 2016 and has been approved and executed by the President of Republic Indonesia. This new patent law is replaced the previous law no. 14 of 2011 regarding patent which has been 15 years, while, the globalization growth has affected to the technology development.
Nowadays, the industrial field, chemistry, information technology and agriculture has also affected by the globalization growth. This encourages the Government to improve the quality and quantity of national patent in order to improve and develop the national economic.
Furthermore, this new patent law has made some significant amendments which very important, among others which is as follows;
1. The substantive examination will be faster, since the Directorate General of Intellectual Property is allow to recruit the examiner out of the DJKI with the specific criteria which accordance with the provision. Should the request of substantive examination filed later than 36 months, the application is considered withdrawn. Meanwhile, the minister should take a decision to approve or reject the patent application not later than 30 months, which in the previous law it takes 36 months.
2. As stated in article no. 3 of new patent law, the simple patent is given for every new invention, development of the existing product or process and applied for the industry, which in previous law was only for product and equipment. Meanwhile, the minister should take a decision to approve or reject the simple patent application not later than 12 months, which in the previous law it takes 24 months.
3. Appealing can be filed base on the reasons as follows;
a. Appealing against the rejection of the application, must be submitted by the applicant or its proxy within 3 months computed from the rejection notification.
b. Appealing against the correction of the description, claims, and/or drawings after the application granted, must be submitted by the applicant or its proxy within 3 months computed from granted notification.
c. Appealing against the granted decision, must be submitted by the third party or its proxy to appeal commission 9 months after the granted notification at the latest.
4. According to Finance’s Minister no. 72/PMK.02/2015, the inventors from the government institution reserves the reward in accordance with the provision. Meanwhile, the inventors from private institution reserves the royalty according to the agreement within the both parties.
5. Referring to the article no. 130 regarding the patent deletion by the applicant should proceed to the minister, while, the patent deletion by the third party should be proceed in Commercial Court.
6. Referring to the article no. 132 regarding the patent deletion, in case that there is a patent based on the genetic resources or traditional knowledge, the applicant must state it in the description. Otherwise, this patent application is considered to be deleted from the IPO.
7. After the Notice of Allowance (NOA) issued, the applicant should proceed the back fees payment not later than 6 months, along with 1 year for covering the second payment at least 1 month before the filing date. In case that the applicant would like to postpone the payment, it is mandatory to submit the application letter to the Patent office 1 week before the deadline and then will receive the grace period up to 1 year. However, the Fine fees will be 100% from the total charge. In case the applicant did not pay the annuity, the application is considered to be deleted from IPO.
Besides, as for patent applications which have been granted before August 26th, 2016 will be used the previous law no. 14 of 2001 regarding patent, meanwhile, the patent applications which have been granted after August 26th, 2016 will be adapted with the new law no. 13 of 2016 regarding patent.
8. In the end of October or beginning of November this year, the IPO will applied the e-Filling system which facilitated by WIPO, in order to improve the patent application services.
With this new Patent Law, the government is optimistic that the new Patent Law will encourage the growth of Intellectual Property in Indonesia especially for the industrial sector with the presence of new innovations and advanced technology with high quality inventions, and this new Patent Law is considered to be more effective since there are some amendment which profitable for the local inventors or researcher from Universities or research and development institutes.
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