Indonesia’s newly enacted Law No. 65 of 2024 introduces a significant compliance obligation for patent holders. Under Article 20A of the amended Patent Law, all patent holders implementing their patents in Indonesia are now required to submit an annual implementation report to the Patent Office (PTO). Non-compliance may expose the patent to invalidation risks.
Understanding the New Requirement
Patent holders must report how their patents are being implemented in Indonesia. Acceptable forms of implementation include:
- Manufacturing and commercializing the patented product or process
- Manufacturing but not yet commercializing
- Importing the patented product or process
- Licensing the patented product or process
Based on discussions with the PTO, the report is to be submitted via a standard statement letter, now available on the PTO’s official website https://www.dgip.go.id/menu-utama/paten/formulir-dan-format-surat.
Failure to comply may result in patent invalidation by the Commercial Court under Article 132(4) based on proceedings filed by third parties acting in the national interest.
What patent holders should do
To mitigate risks and ensure compliance, patent holders are encouraged to:
- Review their patent portfolios and assess current implementation status in Indonesia
- Collect supporting documentation for each implemented patent
- Prepare to submit the required statement letter within the applicable deadline
We are closely monitoring the introduciong of this new system and remain ready to advise on compliance. Contact our Patents Team for further information.
