Patent Implementation Statements: A Compliance Priority in Indonesia
Under Article 132(4) of Indonesia’s Patent Law, a patent that is not implemented domestically may be subject to cancellation by the Commercial Court at the request of a party representing national interests. While no such cancellations have been reported to date, the theoretical risk is real and worth addressing.
Patent holders have begun submitting implementation statements alongside their annual annuity payments. While further clarification of applicable procedures is anticipated, the statements can be cited – if necessary – as evidence of attempted compliance with obligations under the Patent Law. This should leave patent holders in a stronger position than those who take no action until applicable procedures are finalised.
SKC Law recommends a proactive approach to address this significant risk. If you hold or plan to file a patent in Indonesia, now is the time to review your portfolio and establish a process for timely compliance. Our team is ready to assist – contact our patents’ team for more information
