On October 12th, Indonesian Directorate General of Intellectual Property published Circular no. HKI-3-08.OT.02.02 of 2016 on annuities payment under the new Patent Law. The Circular clarifies uncertainties regarding the calculation of the payable annuities as well as the timing at which they are due. Namely, according to the new Patent law, annuities are due in the beginning of protection period, while the due date of the annuity fee now depends on the filing date instead of the date of grant of the patent.
The Circular stipulates that any fee which was due before the 26th of August 2016 will be calculated under the rules of the old Patent Law, together with fines imposed for late payment. However, for annuity fees due after the 26th of August, calculations will be made under the new Patent Law. The Circular creates the transition period starting August 26th, stating that all annual fees under the new Patent Law will have to be paid, in all cases, before December 30th 2016.
Owners of Indonesian patents are therefore advised to review their rights to ensure that all fees are paid in time.