ChapterOne-IP

The Indonesian Intellectual Property Service

The New Indonesian Patent Law: The Law number 13 of the year 2016 regarding Patent

After years of plan and months of discussion in the parliament, on 28th of July 2016 the Indonesian Parliament has passed the draft of the new patent law. After that, the draft was on its way to become a law.

On 26th of August 2016 the President of the Republic of Indonesia legalized the draft and on the same day the Minister of Law and Human rights enacted the Law in the state gazette number 176 of the year 2016 and in the additional state gazette number 5922 of the year 216.

Now, if we are talking about the New Indonesian Patent Law, it is the Law number 13 of the year 2016 regarding Patent.

The new Patent Law is intended to support the transformation of Indonesian national economy toward a competitive advantage based economy.

The urgency of the new Patent Law among others are:

  • Adjustment to administrative automatization system of the intellectual property related to electronic patent application
  • Shorten substantive examinations and issuance of certificates
  • Emphasize that second use and second medical use shall not be granted as a Patent
  • Rearrange Annuity Payment System
  • Extension of Patent Appeal Commission authority for a post-grant examination related to correction of description, claims, and drawings after a Patent has been granted, and deletion of a Patent
  • Exclusion of criminal offences and civil actions for Parallel Import and Bolar Provision including an extension of Bolar Provision year
  • Regulate of export and import related Compulsory License
  • Mediation mechanism prior to criminal offence

The new Patent Law itself contains 173 articles spreading in 20 chapters. The new Law cannot stand alone. Implementing regulations is needed for the new Law to be applicable. It is planned various implementation regulations that is in total 4 (four) government regulations, 2 (two) president regulations, and 17 (seventeen) regulations of Minister of Law and Human Rights. All of the implementing regulations have to be set at the latest 2 (two) years from the enactment of this Law.