Holders of Indonesian patents are now able to submit working statements following the release of the template form by the Patent Office. While corresponding implementing regulations have not yet been issued, the template form as well as discussions with the Indonesian Patent Office provide actionable information for patentees concerned with this new annual requirement for submission of a Patent Working Statement in Indonesia.

Under amendments to the Indonesian Patent Law (No. 65 of 2024, which amended Law No. 13 of 2016) that went into effect on 28 October 2024, new Article 20A requires patent holders to submit an annual statement to the IP Office confirming that their patent is being ‘implemented’ in Indonesia. However, the lack of many necessary details has made compliance with this requirement difficult. Indeed, most patentees have been waiting for the Indonesian Ministry of Law to issue implementing regulations to provide clarity and further detail regarding this requirement.

While such regulations have still not been issued, there is a general expectation that they will be issued at some point in the next few months.

In the meantime, a Patent Working Statement may now be submitted through the Patent Office’s online system, even though there are no supporting regulations beyond the text of Article 20A. The requirements and submission procedures for the Patent Working Statement include the following:

1. The patentee should complete and sign the template provided by the Patent Office.
2. The deadline for submission follows the annual annuity due date.
3. The Patent Office is still allowing submission of ‘overdue’ working statements.
4. This requirement applies to all active patents, including those granted both before and after the enactment of Indonesian Patent Law No. 65 of 2024.
5. Sanctions for failure to submit the document fall under Articles 130 and 132(e) of the Indonesian Patent Law No. 13 of 2016:
   • Article 130(b): A patent may be partially or entirely revoked based on a final and binding court decision.
   • Article 132(1)(e): A patent may be revoked by court decision under Article 130(b) if the patent holder violates the terms of Article 20.
6. No supporting documents are required.
7. Submission of the working statement is mandatory starting from the first year the patent application is granted, even if the patent has not yet been implemented (e.g., no grace period).

The template provided by the Patent Office requires the patent holder to ‘declare that the[ir] Patent is still being implemented in Indonesia, in the form of [check the appropriate box]:

• Manufacturing the patented product but it has not been commercialized yet;
• Manufacturing the patented product and it has already been commercialized;
• Utilizing the patented process but it has not been commercialized yet;
• Utilizing the patented process and it has already been commercialized;
• Importation;
• Licensing.’

A final box provides an option for patentees who have not yet begun implementing their patent in Indonesia to state as follows: ‘the mentioned registered patent has not been implemented in Indonesia.’ This provision confirms Point 7 mentioned above that submission of the Patent Working Statement is mandatory for all patents even if they have not been implemented in Indonesia yet.

Of course, there is the possibility that the implementing regulations will contain additional information and/or requirements that must be fulfilled by patentees. However, until that time, patent holders should begin to take steps towards compliance by reviewing their patent portfolios and submitting a working statement for each granted patent to the Indonesian Patent Office.

For any questions or requests for assistance with this new requirement, please email us at patents@jahja.com.

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About Januar Jahja and Partners: Established in 1986, Januar Jahja and Partners (JJP) is one of the leading intellectual property firms in all of Indonesia. Our firm and professionals have been recognized by such outlets as Legal 500, WTR 1000, IAM Patent 1000, IP Stars / Managing IP, Global IP Awards, and Chambers Asia Pacific, among others. JJP is led by industry-setting professionals with particular expertise in assisting clients to navigate the promising but sometimes confusing Indonesian IP scene. As a one-stop IP shop, JJP handles all aspects of our clients’ IP needs, including civil enforcement, investigations, dispute resolution and of course IP prosecution and litigation. For more information, please visit: www.jahja.com.