In the effort of enhancing legal protection for the inventors and patentees, the Indonesian Parliament, recently passed new legislation concerning Patent amending the old law, enacted on August 26, 2016.
Several significant points to be noted among others are as follows:
Other than products, new process and development of the existing process are now included as subject matter for Simple Patent.
New use of an existing/known product and/or new form of an existing compound without significant enhancement of efficacy, being second use and second medical use, shall no longer be patentable.
A request for substantive examination upon divisional application or patent conversion (from patent to simple patent and v.v.) must be filed by the time the application is filed, otherwise it will be deemed withdrawn.
In the fulfillment of filing requirements, an applicant affected by any event of force majeure (e.g. war, revolution, riot, strikes, any natural disasters or other emergency circumstances), may file a request for another extension of time i.e. 6 (six) months at the longest as from the due date of the first 6 (six)-months extension.
A response to an office action must be filed at no later than 3 (three) months as from the date of notification, which is extendable for 2 months, plus another 1 month against payment of fee.
Force majeure circumstances mentioned in point 4 also applies in time limit for responding office action.
Under the new Law, any third parties may start to produce the patented product within 5 (five) years (which is much earlier than the time limit set-forth under the old law, ie. 2 years) prior to expiration of the patent protection for the purpose of marketing and obtaining license from The Ministry of Health, Drugs and Food Controller.
While the old Law did not provide post-grant opposition, it is now possible for any third party to challenge a patent after grant within 9 months as from the date of notification of the grant before the Patent Appeal Board.
In addition to appeal to overturn rejection of an application, under the new Law the applicant may also file an appeal petition against any rectification upon description, claims, and/or patent drawing upon grant to the Paten Appeal Board.
The provisions on the grant of compulsory licensing provided under the new law are extended to include the following:
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