On 2 November 2020, Law No. 11 of 2020 on Job Creation came into force. This Law amended several provisions of the Indonesian Trademark and Geographical Indication Law No. 20 of 2016 and Patent Law No. 13 of 2016.
The amendments made among others are:
A new criteria of a mark that cannot be registered has been added, which is a mark containing a functional shape in nature.
The Substantive Examination commences from the end of the publication date. Previously, it was 30 business days from the end of the publication date.
The Substantive Examination Process has also been shortened:
- 30 business days if there is no opposition; and
- 90 business days if there is an opposition.
Previously, it was 150 business days.
Furthermore, a provision where a trademark registration will be deemed withdrawn or deleted if the trademark certificate is not taken 18 months after the date of issuance of the registration certificate has been deleted.
A clause has been added that explains the development of an existing product or process for a simple patent which includes a simple product, process, or method.
The Substantive Examination request for a simple patent shall be submitted together with the application.
The publication for a simple patent shall commence at the latest of 14 business days from the receipt date. Previously, it was 7 business days after 3 months from the receipt date.
The publication period is shortened to 14 business days whereas previously, it was 2 months.
Opposition for a simple patent is immediately used for substantive examination. The applicant will no longer be offered an opportunity to submit a response.
A decision to grant or reject a simple patent application is now shortened to 6 months calculated from the receipt date. Previously, it was 12 months.
The obligation for the patent holder to implement the patent in Indonesia
The clause governing the obligation for patent holders “to produce the product or use the method in Indonesia” is amended to “implement the patent in Indonesia”.
The implementation of a patent in Indonesia includes:
- Patent Product: producing, importing, or licensing the products.
- Patent Process: producing, importing, or licensing the products resulting from the patented process.
- Patent Method: producing, importing, or licensing the products resulting from the patented method, system.
The revision on the implementing regulation of the changes on Trademark and Patent Law shall be made within 3 months after the enforcement date of Law No. 11 of 2020 on the Job Creation.
This alert is for general information only and is not a substitute for legal advice.