Home Blog Indonesia’s Patent Law: Essential Updates to Safeguard Your Products Indonesia | Product Registration | Trademark Registration Indonesia’s Patent Law: Essential Updates to Safeguard Your Products InCorp Editorial Team 13 February 2025 5 minutes reading time Table of Contents Eligible Products Under the New Regulations Key Points of Changes in Indonesia Patent Law How Long Does Patent Protection Last in Indonesia? How to File a Patent in Indonesia Under the New Regulation Trademark and Patent Made Simple with InCorp Indonesia patent law protects inventors by granting them exclusive rights to their creations. It promotes innovation and leads to economic growth. In October 2024, Indonesia updated its patent law with Law No. 65 of 2024, amending the original Law No. 13 of 2016. This major update modernizes Indonesia’s patent law, aligning it with global standards such as the TRIPS Agreement and boosting technological and industrial development. Eligible Products Under the New Regulations The new patent law broadens the scope of patentable inventions. This aims to encourage innovation in technology, manufacturing, and healthcare. Here’s what can now be patented under the amended law: Products: Physical goods such as machinery, tools, or pharmaceuticals. Processes: Methods of manufacturing or specific operational techniques. Systems and Methods: Innovations in technology, software, and industrial design. Software-Integrated Inventions: Software that solves technical problems or is part of a more extensive system is now patentable, aligning Indonesia’s intellectual property rights with international standards. READ MORE:Protect Your Intellectual Property through Trademark Registration in Indonesia 5 Indonesian Trademark Registration Guide to Avoid Common Mistakes Trademark Registration in Indonesia Simplified Key Points of Changes in Indonesia Patent Law Indonesia’s new amendments to its patent law brought notable improvements to enhance innovation and simplify processes. Below are the significant changes: Patent Protection for Software Innovations While standalone software remains non-patentable, software integrated with broader systems or solving specific technical problems is now eligible for patents. For example, algorithms that enhance medical devices or industrial automation systems now qualify under the updated Indonesia patent law. Extended Grace Period The extended grace period, from 6 to 12 months, provides inventors with more flexibility to showcase their work at exhibitions, research trials, or forums without risking patent eligibility. This change is designed to reassure innovators and reduce the pressure of strict timelines. Simplified Licensing Rules The new rules simplify issuing compulsory licenses, ensuring the effective use of intellectual property rights in Indonesia. This simplification is designed to relieve the burden on inventors and businesses and make it easier to navigate the patent system. For Public Health and Emergencies: Licenses can be granted to produce life-saving medicines, vaccines, and devices during crises. Non-Use of Patents: If a patent is unused for 36 months after being granted, a license may be issued to prevent the invention from remaining idle. Affordability and Availability: Licenses can be granted if a product is overpriced or fails to meet market demand. Cross-Border Use: The law allows the export of patented products to countries facing health crises through global agreements. Simpler Patent Administration The amended law introduces several improvements to make the patent process more accessible, such as: Faster Processing: Applications are reviewed faster, helping innovators secure protection faster. Online Services: Inventors can now file, track, and manage applications digitally, reducing paperwork and delays. Flexible Language Requirements: Foreign applicants can file in English, provided they submit a Bahasa Indonesia translation later. More precise Guidelines: Updated resources and guidelines help inventors understand and comply with patent rules more easily. The streamlined administration is particularly beneficial for startups and foreign companies working with a patent law firm in Indonesia. Annual Reporting for Patent Holders Patent holders must now submit annual reports showing how their patents are being utilized. This ensures that patented inventions contribute to Indonesia’s economy and prevents intellectual property rights from remaining dormant. Non-compliance could lead to penalties or the revocation of the patent. Bolar Provisions The Bolar Provision in the amended law allows limited use of patented inventions for research and regulatory approval before the patent expires. This provision benefits the pharmaceutical industry by enabling faster introduction of generic medicines after patents expire, promoting competition and reducing healthcare costs. It also aligns Indonesia trademark law and patent regulations with global standards. How Long Does Patent Protection Last in Indonesia? In Indonesia, patents are granted for a specific period, offering inventors exclusive rights to their creations. The duration varies depending on the type of patent: Standard Patents: Valid for 20 years from the filing date. Simple Patents (Utility Models): Valid 10 years from the filing date. These terms are non-renewable, and the rights automatically expire once the duration ends. Extension for Special Cases The amended law provides an option to extend patent protection in cases where delays occur due to regulatory approvals, particularly in industries like pharmaceuticals. This ensures innovators are compensated reasonably well for lengthy approval processes. How to File a Patent in Indonesia Under the New Regulation Due to streamlined procedures introduced by the amended law, filing a patent in Indonesia is now more efficient. Businesses can start by: Prepare and submit required documents to the Directorate General of Intellectual Property (DGIP). Undergo initial checks and detailed examinations for compliance and originality. For international applicants, Indonesia participates in the Patent Cooperation Treaty (PCT) and the Patent Prosecution Highway (PPH), simplifying cross-border patent filings. After a patent is granted, inventors must pay annual fees to maintain it and ensure the invention is used commercially or licensed in Indonesia. Fortunately, you don’t need to face those hurdles alone. InCorp Indonesia (an Ascentium Company) offers professional guidance. Trademark and Patent Made Simple with InCorp Navigating the complexities of Indonesia trademark law and patent regulations is easier with the proper support. InCorp Indonesia (an Ascentium Company) provides expert services to help you: Process your patent and trademark registration with precision on time. Stay compliant with Indonesia’s updated intellectual property laws. Focus on growing your business while leaving the technical details to the experts. Fill out the form below to secure your intellectual property and expand your market presence. Read Full Bio Daris Salam COO Indonesia at InCorp Indonesia With more than 10 years of expertise in accounting and finance, Daris Salam dedicates his knowledge to consistently improving the performance of InCorp Indonesia and maintaining clients and partnerships.