The Amendment to Patent Law for Indonesia’s National Legislation Program of 2022

JAKARTA - The amendment to Law No. 13 of 2016 on Patent (“Indonesian Patent Law”) shows significant progress, even it has been proposed to be part of Indonesia’s National Legislation Program of 2022.

Director of Patent, Directorate General of Intellectual Property, Ministry of Law and Human Rights of Republic of Indonesia, Yasmon stated, “The Patent Bill is currently at its final stage where the academic paper is adjusted to be further proposed to the National Legislation Program of 2022.”

Since its enactment, Indonesian Patent Law has received many challenging comments coming from patent holders, IP consultant and other stakeholders, both local and international. They deem the current Indonesian Patent Law provides certain ‘burden’ to the patent holders in implementing their invention, which has impacted to the declining interest in local investment.

United States of America, through United States Trade Representative (USTR), has criticized that the Indonesian Patent Law incurred losses to foreign patent holders, particularly in its case are US-based patent holders and stakeholders. To attend to such issues, Indonesian Government has revoked the ‘problematic articles’ through the enactment of Law No. 11 of 2020 on Job Creation.

Besides the necessary revision, the proposed amendment would also introduce numbers of new concepts therein, such as a protection upon computer implemented inventions.

This proposed amendment is not only designed to keep Indonesia in pace with technology developments and vast globalization, but also to encourage more innovation and investment emerged that would contribute to the national benefit, as well as improving the quality of public services. Thus, hopefully, this amendment can be a solution to accommodate all stakeholders’ patent-related interests moving forward. (jpk/rkh/vio/su)

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