Key Changes to Indonesian Patent and Trademark Laws after enactment of Law No. 11 Year 2020

A regular patent refers to inventions that are novel, possess an inventive step and have industrial applicability, a familiar definition used in Commonwealth countries. “Simple patents” bear similarity with jurisdictions offering utility model, innovation or short term protection options. However, in contrast to jurisdictions which only allow protection over a device, processes can also be protected under a simple patent.

Law No. 11 Year 2020, known as “the Omnibus Law” (for containing numerous revisions to existing laws, especially employment), came into force in Indonesia on 2 November 2020. While retaining the definition of a simple patent as being granted for every new invention, development of an existing product or process with industrial applicability, the Omnibus Law now states that the development of an existing product or process can cover simple products, simple processes or simple methods.

The fee for substantive examination has now to be paid at the time of filing, otherwise the simple patent application is considered withdrawn. Grant or rejection of a simple patent should occur no later than 6 months from filing. Read in combination with the new stipulation of what the development of an existing product or process can cover, as mentioned above, one view is that simple patents should be easier to obtain. However, the new law also allows for a simple…