New Patent Prosecution Highway program between Indonesia and South Korea
The Indonesian Patent Office and the Korean Intellectual Property Office (KIPO) have formalized their patent collaboration by signing a Memorandum of Understanding. This agreement, effective since September 2023, has brought about the implementation of the Patent Prosecution Highway (PPH) program, which is now accessible through online submission.
The PPH program presents notable advantages for applicants, with one of its primary benefits being the expeditious patent examination process in Indonesia. Currently, it takes approximately two years from the application date to obtain a substantive examination result. However, the PPH program streamlines this timeline significantly, reducing it to just six months from the date of the PPH request. This acceleration translates into substantial time savings for the applicant.
Revised Patent Fees
The Patent Office is currently in the stages of formulating a new draft for Government regulation pertaining to Fees and Tariffs for Non-Tax State Revenue (PNBP) within the Ministry of Laws of Human Rights. The proposed changes encompass a revision of certain patent official fees, including those for filing applications, substantive examination requests, post-grant appeal requests, and early publication requests. Additionally, the draft introduces new official fees, specifically for a reinstatement request for patent applications deemed withdrawn, applicable at both formality and substantive examination stages. Anticipated to be released early next year, this regulation aims to address and modify the existing fee structure for patents.
Industrial Design Bill Changes
The Indonesian Industrial Design Bill, initially anticipated for conclusion in 2023, has been rescheduled for 2024. Recent updates from the Design office outline several key changes:
- Definition Expansion: The definition of novelty is broadened to protect designs not only “not the same” but also “not similar.”
- Dual Protection: Two types of protection are introduced. Short-cycle designs (e.g., textile products) can undergo recordal with three years of protection from the first publication date without substantive examination. Longer-cycle designs undergo substantive examination with an initial five-year protection, extendable twice every five years.
- Excluded Designs: Designs lacking aesthetic impression, serving only technical functions, folklore, violating laws, public order, or filed with bad intentions are excluded from protection.
- Landlord Liability: Landlords are prohibited from allowing the sale of infringing goods, including in marketplaces.
- Government Use: The Government can use industrial designs for national defense and security, involving notification to the right holder and compensation.
- International Filing: Ratification of the Hague Agreement – Geneva Act 1999 – allows for international filing of design applications.
- Design Appeal Commission: Similar to the Patent Appeal Commission, this Commission allows appeals for rejected applications, correction requests, and cancellations by third parties with vested interests.
- Fiduciary Guarantee: Industrial Design Rights can be used as objects of fiduciary guarantee, following statutory regulations.
In conclusion, if the bill is enacted, applicants will be able to opt for recordal of industrial design without examination for short-cycle products or extend protection for longer-cycle products up to 15 years. Applicants will also be able to appeal rejections, request corrections, and file cancellation actions against other registered designs, offering a cost-effective alternative to lawsuits in commercial courts.
For further information, please contact:
Arifia Fajra, Rouse
afajra@rouse.com
