Indonesia’s Directorate General of Intellectual Property (DGIP) has introduced a temporary feature in its online filing system to accommodate the submission of annual patent working statements. The requirement to submit these annual working statements was introduced under the amended Patent Law enacted on October 28, 2024, but the implementing regulation has still not been issued.
Annual Working Statements
Article 20A of the amended Patent Law requires all patentees to submit an annual statement regarding the implementation of their patents in Indonesia. This obligation applies to all active patents, regardless of when they were granted.
The annual working statement declares the status of implementation of the patented invention within Indonesia. Acceptable forms of implementation include:
- Manufacturing the patented product (whether commercialized or not)
- Utilizing the patented process (whether commercialized or not)
- Importation
- Licensing
If the patent has not yet been implemented in Indonesia, the DGIP provides an option to indicate: “The mentioned registered patent has not been implemented in Indonesia.”
The statement must be made using the official template provided by the DGIP through the online filing system.
Submission
The working statement must be submitted annually no later than December 31 of each calendar year. No supporting documents are needed for the submission apart from the signed form itself. A color scanned copy will suffice; the original document is not required.
There is currently no official fee for submitting the working statement. While the submission process may eventually align with annuity fee payments, the current process remains separate due to the pending implementing regulation.
The submission process may be subject to change upon issuance of the implementing regulation, which is under discussion and expected in the coming months. In the interim, the DGIP accepts submissions of overdue working statements, allowing patentees to fulfill their obligations retroactively. This flexibility is expected to remain in place until the implementing regulation is formally enacted.
Legal Implications
Noncompliance with the working statement requirement carries significant risks, including possible compulsory licensing or partial or entire invalidation of the patent.
To ensure compliance and mitigate legal risks, patent holders should review their Indonesian patent portfolio, assess the working status of each patent, and submit the working statement before December 31 annually.
