New IP Tariff to Take into Effect 3 May 2019 (INDONESIA)

As you may be aware, the Government of Republic of Indonesia has just issued a New Tariff of IP Services (Official/Government Fees) which took into effect on May 3, 2019.
The Government said that the new tariff being set to accommodate various interests among Indonesian IP stake holders, both from government side and private sectors, domestically as well as internationally.

BPA’s Team will summarize here below the changes and adjustments being made over the new tariff for notable/frequently asked services.

1) No changes on the following tariffs:

Patent, Trademark or Industrial Design filing fees

2)  Adjustments on the following tariffs:

PATENTS

1. Payment of additional fee for Patent Description exceeding 30 pages ($0.5 to 1.2)
2. Excess fee from Patent claims exceeding 10 ($4 to 6 per claim)
3. Requesting for Earlier Patent Publication ($16 to 32)
4. Filing Request for Patent Substantive Examination ($160 to 240)
5. Filing Request for Simple Patent/Utility Model Substantive Examination ($28 to 40)
6. Requesting Time Extension (by Applicant) to Respond against Patent’s Office Action, per case ($16 to 32)
7. Requesting Change of Filing Particulars during Formality Examination Stage (change of application data) ($8 to 16)
8. Requesting Time Extension to Submit Formality Requirements ($16 to 32)
9. Recording Assignment of Patent Rights ($40 to 56)
10. Patent Annuities for Standard Patent:
    1. Basic fee: Year 1st-20th: increase by 12 – 43%
    2. Per claim fee: Year 1st – 10th: increase by 0 – 50%
    3. Per claim fee: Year 11th – 20th: increase by 100%
    4. Patent Annuities for Simple Patent (Utility Model):
    5. Basic fee: Year 1st-4th : increase by 36%
    6. Per claim fee: Year 1st – 4th: no change
    7. Basic fee: Year 5th-10th : increase by 2 – 14%
    8. Per claim fee: Year 5th-10th: no change

TRADEMARKS

1. Trademark renewal, if filed 6 months after due date ($320 to 400)
2. Recording Licensing Agreement ($40 to 80)

DESIGNS

1. Recording Licensing Agreement ($28 to 80)
2. Requesting Change of Particulars for Registered Design ($16 to 24)
3. Attending Objection to Rejection of Single Design Application ($32 to 80)

3) New items being introduced for the following tariffs:

PATENTS

1. Requesting Accelerated Substantive Examination under PPH (Patent Prosecution Highway) or ASPEC (ASEAN Substantive Patent Exam. Cooperation: $400.
2. Filing and Conducting Appeal relating to Correction towards Description, Claims, and/or Drawings (post-grant): $240
3. Filing and Conducting Appeal relating to Decision to Grant Third Party’s Patent Application: $240

TRADEMARKS

Filing, renewal and related international services for Registration under Madrid Protocol

DESIGNS

Attending Objection to Rejection of Unity Set Design Application: $120

New Provision Related to Article 20 & 82 (Patent Working Requirement):
Amid the controversies surrounding Articles 20 and 82 (of New Patent Law 2019, enacted 26 August 2016) concerning obligation of patent holder to implement the patented product or process in Indonesia, with the related susceptibility of potential compulsory license, the Indonesia’s Government has launched Minister’s Regulation No. 15/2018 and issued relevant forms for patent holders who wish to request for postponement of obligation for working their patents. Under such provision, the obligation of patent working is due within 3 years from grant date. For those patents granted before 26 August 2016, the obligation will due on 26 August 2019. Patent holders may submit the reason of postponement and its administrative proof thereof.

Nevertheless, this provision also allows us to submit a request for extension of postponement up to 5 years from grant date. It is, however, still unclear at present of whether extension to subsequent 5 years (to gain 10 years postponement) will be possible.
To obtain more practical advice including the required documents, sample of reason, costing etc. please drop an email to: info@bataviapatent.com

BPA Team