Article 20A Patent Working Statements: What Patent Owners Should Know

Indonesia’s Patent Law now requires patent holders to submit an annual patent working statement under Article 20A. While the obligation is clear on paper, its practical implementation is still evolving. Please see below for the latest updates we have received.

On 4 December 2025, the Directorate General of Intellectual Property (DGIP) held a Focus Group Discussion (FGD); a formal, invitation-only consultation forum, with selected personnel. Although this was not an official announcement, it provided useful insight into the DGIP’s current administrative thinking.

Key points shared during the FGD included:

• the filing deadline follows the end of each individual patent protection year, rather than a calendar year;
• submission together with annuity payments is allowed but not mandatory; and
• working statements are intended to be treated as confidential, not accessible to third parties.

Importantly, while Article 20A requires filing regardless of whether a patent is implemented, there are currently:

• no detailed technical guidelines on how “non-implementation” statements will be assessed;
• no specific sanctions stipulated for non-filing; and
• no indication from the DGIP of immediate enforcement measures.

At the same time, the substantive risks under Article 20 remain unchanged, including potential compulsory licensing or patent cancellation in cases of non-implementation. Although there is no known precedent of a compulsory licensing being granted solely due to non-use, explicit declarations of non-implementation may, over time, form part of an evidentiary record that could be relevant in the future.

In this transitional phase, patent owners are well advised to take a risk-based approach; prioritising commercially important or sensitive patents, while closely monitoring future regulations and administrative practice.

The regulatory framework around Article 20A is still developing, and further clarification is expected. Staying informed and strategic will be key.

Contact us for further clarification on this matter or follow us on LinkedIn for updates on intellectual property in Indonesia.

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