Enactment of the Latest Amendment of the Patent Law

Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent

The Government officially enacted Law Number 65 Year 2024 Regarding the Third Amendment to Law Number 13 Year 2016 Regarding Patent (“Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent), which came into effect on 28 October 2024. This amendment marks a significant step in strengthening the patent system, enhancing protection for inventions in Indonesia, and aligning with the international provisions.

This Third Amendment to the Patent Law clarifies several new provisions, including those related to genetic resources and/or traditional knowledge, the refinement of regulations on compulsory licensing and substantive re-examination of patents, as well as inventions that are developments of existing products or processes. 

Below is a summary of the new provisions contained in the Third Amendment to the Patent Law: 

• Scope of the Definition of Invention

          Article 1 (2) of Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent, defines that Invention is an inventor’s idea being expressed into a specific problem-solving activity in the field of technology in the form of a product and/or process, improvement and/or development of a product and/or process, as well as system, method, and application or use. 

          While, under Law No. 13 Year 2016 Regarding Patent, an Invention is an inventor’s idea being expressed in a specific problem-solving activity in the field of technology, in the form of a product or process, or the improvement and development of a product or process.

The Third Amendment introduces an expanded definition of Invention, which now includes system, method, and application or use.

• Matters excluded in an Invention[1]

          There are amendments to Article 4 of Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent concerning matters that are not considered as Invention.

• Genetic Resources and Traditional Knowledge

The Third Amendment introduces new definitions related to Genetic Resources and Traditional Knowledge.

1. Article 1 (18) of Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent defines Traditional Knowledge as all ideas and concepts present within a community that embody local values, derived from actual experiences in interacting with the environment, which continuously develop and are passed down to the next generations.
2. Article 1 (19) of Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent defines Genetic Resources as genetic materials derived from plants, animals, or microorganisms containing units that function as carriers of hereditary traits with actual or potential value.

If an invention to be registered as a Patent relates to Genetic Resources and/or Traditional Knowledge, then a declaration of origin must be attached or the origin must be specified in the application. In addition, the origin of the respective resources must be stated in both the descriptions and the relevant Patent application form. This information will then be recorded and disclosed, either electronically and/or through other means.[2]

• Timeframe for which an Invention is not deemed to have been announced

There are changes to the timeframe related to when an Invention is not considered to have been announced. Article 6 of Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent states that: 

• An Invention shall not be deemed to have been announced if within a maximum period of 12 (twelve) months before the Filing Date, the Invention has:

1. been exhibited in an official exhibition or in an exhibition recognized as official exhibition, whether being held either in Indonesia or abroad;
2. been used in Indonesia or abroad by the Inventor in the context of experiment for research and development purposes; and/or
3. been disclosed by the Inventor in:
4. scientific proceedings in the form of an examination and/or the stages of a thesis, dissertation, or other scientific works; and/or
5. other scientific forums for the purpose of discussing research results at educational or research institutions.

Whereas in the previous Patent Law, an invention was not considered to have been announced if within a maximum period of 6 (six) months before the Filing Date, the Invention had been carried out the same activities as those outlined in the relevant article of the Third Amendment.

• Re-Submission of Application

          A patent is granted based on an application that fulfills the required conditions and completeness of the application. If the requirements and completeness of the application are incomplete, the Applicant may complete these requirements within a maximum of 3 (three) months from the date of the notification letter issued by the Patent Office, Directorate General of Intellectual Property (“DGIP”). This period may be extended for a maximum of 2 (two) months by submitting a written request.[3] 

Applicant who does not fulfill the requirements and completeness as required by the Patent Office, DGIP, then the Application will be deemed withdrawn. Article 36(2) of Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent provides an opportunity to the Applicant whose application is deemed withdrawn to re-submit the application with additional fee, within the maximum period of 6 (six) months from the date of the notification letter stating the Application is deemed withdrawn. The re-submission is intended to fulfill the requirements and/or completeness of the Application.

• Request for Early Substantive Examination and Re-Substantive Examination

Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent introduces Article 55A, which regulates that a Substantive Examination may be conducted earlier with a fee, once the Application is deemed complete. 

Then, there is Article 63A, which regulates the request for a Substantive Re-Examination, with a fee that can be submitted towards the rejection of an application; amendments to the descriptions, claims, and/or drawings after the application is granted a Patent;  decision on patent granting;  withdrawal; and/or considered of deemed withdrawn. 

• Appeal Request for Amendments of Descriptions, Claims, and/or Drawings After Patent is being Granted or the Decision of Re-Substantive Examination

Article 69 of Law No. 65 Year 2024 Regarding the Third Amendment to Law No. 13 Year 2016 Regarding Patent stipulates that appeal towards amendments to the descriptions, claims, and/or drawings after a Patent has been granted shall be submitted within 3 (three) months from the date of the notification letter regarding the Patent granted or the decision of the Re-Substantive Examination.

          In the event that the Patent Appeal Commission accepts the appeal regarding amendments to the descriptions, claims, and/or drawings, the amendments will be reflected in the annex of the Patent certificate. The updated annex will be recorded and published through electronic and/or non-electronic media. 

An appeal against amendments to the descriptions, claims, and/or drawings cannot be filed with the Commercial Court.

[1] https://pro.hukumonline.com/a/lt672c29df1a445/latest-amendment-to-patent-law-finally-in-force–definition-of-genetic-resources-and-traditional-knowledge-newly-clarified#_ftnref5

[2] Ibid

[3] Article 35 Law No. 65 Year 2024 Regarding Third Amendment of Law No. 13 Year 2016 Regarding Patent.

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