Indonesia promotes online submission of patent implementation declaration

Indonesia's Directorate General of Intellectual Property (DGIP) recently announced the introduction of a temporary feature in its online filing system to facilitate the submission of annual patent working statements . This filing requirement stems from the introduction of the revised Patent Law on October 28, 2024, although the relevant implementing regulations have not yet been published.

Importance of Annual Implementation Statements

According to Article 20A of the revised Patent Law, all patent holders must submit an annual declaration on the working of their patents in Indonesia. This requirement applies to all patents in force.

The annual implementation statement shall include details of the implementation of the patent in Indonesia. Acceptable forms of implementation include but are not limited to:

• Manufacturing of patented products (whether or not commercialized)
• Use of patented processes (whether commercialized or not)
• import
• license
• For patents that have not yet been implemented in Indonesia, DGIP provides an option to fill in "the registered patent has not yet been implemented in Indonesia".
• The declaration must be made using the official online template provided by the DGIP.

Submission Details

The annual Declaration of Implementation must be submitted no later than December 31st of the current year . No supporting documentation is required other than a signed form. A color scan is sufficient; original documents are not required. Currently, there is no official fee for submitting the Declaration of Implementation. While the submission process may be integrated with the annual fee payment in the future, it remains a separate process as implementation details are still being finalized.

Before the implementing regulations are officially implemented, the DGIP will accept late submissions of implementation declarations, allowing patent holders to fulfill their obligations retroactively. This flexible policy is expected to remain in place until the implementing regulations are officially promulgated.

Legal implications

Failure to comply with the Declaration of Working may result in significant risks, including compulsory licensing or partial or complete patent invalidation. To ensure compliance and mitigate legal risks, patent holders should review their patent portfolio in Indonesia, assess the working status of each patent, and submit a Declaration of Working before December 31st of each year.