Extension of time to complete patent application formality documents
30 April 2025
Indonesia’s patent regulation has undergone significant changes following the enactment of Law No. 65 Year 2024, which amends Law No. 13 Year 2016 on patents. One of the key amendments is the extension of time to complete the formalities in a patent application.
Previous Regulation (Law No. 13 Year 2016)
Under the previous version of Article 35:
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Applicants who received a notification to complete formal requirements had three months from the date of notification to comply.
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If needed, applicants could request two extensions:
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First extension: Up to two months.
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Second extension: Up to one additional month, subject to a fee.
However, the second extension (one month with a fee) was rarely utilized in practice. Many applicants who requested extensions still failed to complete the requirements, resulting in their applications being considered withdrawn.
Current Regulation (Law No. 65 Year 2024)
The amended Article 35 introduces more stringent provisions:
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Applicants still have three months to complete formal requirements after receiving notification.
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Only one extension of up to two months is now permitted.
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Additional extension beyond the two months is only possible under emergency circumstances and requires strong supporting evidence.
Key takeaways
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The second extension option (one month with a fee) has been repealed.
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The new law limits the extension to a one-time request, making compliance more challenging but streamlining the overall process.
Practical steps for applicants
To meet the formality requirements within the given timeframe, applicants are advised to prepare the following key documents promptly:
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Power of attorney (PoA)
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Statement of assignment or deed of assignment
Failing to submit these documents within the prescribed period, including the extension, will result in the patent application being considered withdrawn.
Comparison table
| Aspect | Before amendment (Law No. 13/2016) | After amendment (Law No. 65/2024) |
| Initial period to complete requirements | Three months from the date of the Minister's notification | Three months from the date fo the Ministers's notification |
| First extension | Up to two months | Up to two months |
| Second extension | Additional one month, subject to fee | Abolished |
| Additional extension in emergency cases | Not explicitly regulated | Allowed only in emergencies, up to six months, with strong supporting evidence |
| Total possible duration | 3 months + 2 months + 1 month (total six months), with the possibility of paying a fee for the final month | 3 months + 2 months (total five months), emergency extension up to six months, but requires justification |
| Ease for applicants | More lenient with more exension options | Stricter, only one regular extension allowed |
| Impact on examination timeframe | Potentially longer due to multiple extensions | Shorter, a fewer extensions are permitted |
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