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October 4, 2019

Indonesia’s Patent Office Begins Suspending Applications by Applicants with Outstanding Annuity Debts

The Directorate General of Intellectual Property Rights (DGIP) recently notified a patent applicant with existing annuity debts that they will not process the application further until the applicant’s debts are settled. This follows the DGIP’s instruction to all patent holders to pay their annuity debts by August 16, 2019 (as reported by Tilleke & Gibbins in February of this year).

Since August 19, 2019, the DGIP has only allowed applications to be filed online. If the DGIP finds a record of debts during the formality checking stage, they will suspend the application and lock the system. If formalities have not yet been submitted, the applicant will be prevented from doing so.

As for the status of suspended applications, the head of the DGIP’s patent formality division has informed us that the deadline for submitting the formality requirements will be put on hold until further notice, and will not be deemed withdrawn for failing to meet formality deadlines. However, it is safe to assume that the DGIP will eventually issue an additional, more stringent notification so that applicants can no longer avoid the obligation to pay their debts.

It is thus highly recommended that patent holders check their patent inventory to confirm whether they still have unsettled debts to avoid suspension of their applications.

For more information on these developments, or on any aspect of protecting intellectual property in Indonesia, please contact Tilleke & Gibbins at [email protected].

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