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Comprehensive guide for patent holders on compliance with Indonesian Patent Law No. 65 of 2025
Indonesian Patent Law now requires all patent holders to file an annual statement of patent implementation for every patent that is currently in force, regardless of when the patent was granted. This move is aimed at ensuring transparency and encouraging the actual use of patented inventions within Indonesia.
Key filing requirements
Who must file: All patent holders with patents in force in Indonesia must submit the statement to the Directorate General of Intellectual Property (DGIP).
What to file: The statement must indicate whether the patent is being worked—including making, using, selling, importing, or licensing the patented invention. If the patent is not currently being worked, this must also be declared. Options include:
- manufacturing and commercialising the patented product or process
- manufacturing but not yet commercialising
- importing the patented product or process
- licensing the patented product or process
- not working the patent.
How to file: Use the official template provided by DGIP on their website. Select the relevant options for how your patent is being used (manufacturing, commercialisation, import, licensing, or non-working).
Deadline: Submit the statement annually, on or before the anniversary of the patent's filing date. For divisional patents, use the parent's filing date. For patents filed under the PCT, use the international filing date.
Submission method: A colour-scanned copy of the signed statement is sufficient. No Power of Attorney, evidence, or notarisation is required for filing.
Signatory: The statement must be signed by an authorised officer of the company (e.g., President, CEO, Director, IP Manager). Licensees are not permitted to sign on behalf of the patent holder.
Deadlines and annual monitoring
The filing deadline is tied to the anniversary of your patent's filing date. For example, if your international filing date is 15 October 2017, your annual statement is due every 15 October, starting in 2025. Many companies choose to file the statement at the same time as the annual renewal fee for easier tracking.
What happens after filing?
The DGIP Office records the statement for administrative purposes only. There is no immediate penalty or automatic consequence for failing to submit; however, continuous non-compliance could be cited in proceedings related to compulsory licensing or patent invalidation.
No additional documentation needed
Unlike some other jurisdictions, Indonesia does not require supporting documents, legalisation, or notarisation with your statement. Simply submit a color scan of the signed document using the DGIP's template.
Why compliance matters
Although there is currently no direct penalty for missing the filing, maintaining compliance strengthens your position should any third party seek a compulsory license or attempt to invalidate your patent for non-working. In any such proceedings, proof of actual use may be required by the authorities.
Best practices for patent holders
- Mark your calendar with the filing anniversary date for each patent
- Align statement submission with renewal fee payments for easier annual compliance
- Ensure the correct officer signs the statement—licensees cannot sign
- Retain a copy of the filed statement and any correspondence with DGIP for your records.
How we can help
Staying compliant with Indonesia's updated patent filing requirements is essential to protect your intellectual property rights.
By understanding the process and adhering to the deadlines, you can avoid complications and safeguard your patents from challenges in the future.
For more detailed guidance or assistance with the filing process, reach out to Marolita or your Spruson & Ferguson contact.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
