Maintenance of Patents 
in Indonesia

Last Updated on 20 June 2025

The Indonesian Government has made the third Amendment on the Patent Law, which previously amended through the Law No. 11 year 2020 concerning Job Creation which then amended by Law No. 6 year 2023, and currently it was amended for the Third time through Law No. 65 year 2024. This amendment, which comes into effect on October 28, 2024, is to streamline the Patent Law with the dynamic development of technology practices.

The amendment introduces several reforms to the Indonesian patent system, including new provisions on the post-grant obligations of patent holders, specifically:

1. Payment of Annuity, and
2. Submission of a statement of use (also known as a “Working Statement” or “Affidavit of Patent Implementation”).
 
1. Annuity Payment 

Pursuant to the prevailing Patent Law, the obligation to pay annuity fees starts upon the issuance of the Notice of Allowance. The annuities are calculated starting from the first year of protection, (i.e. the Filing Date of the patent application). 

Patent holders are required to settle back annuities, which cover the period from the Filing Date up to the Granting Date (i.e. the issuance date of the Notice of Allowance) plus the annuity for the first year following the grant, within six months from the Granting Date. 

For subsequent annuity payments (Years 9 until 20), provided that the patent remains valid, payment must be made no later than 1 (one) month before the anniversary of the filing date each year. Failure to make timely payment may result in the deletion of the patent rights.

Please note that, under the Law No. 65 of 2024,  if an annuity is not paid by the due date, it may still be settled within a 6-month grace period, subject to a 100% surcharge on the applicable annuity fee.

2. Submission of Affidavit of Patent Implementation 

In addition to paying the annuity, and pursuant to Article 20A of Law No. 65 of 2024, a Patent Holder is also required to submit an annual statement of use (also known as a “Working Statement” or “Affidavit of Patent Implementation”) of the granted patent in Indonesia. This affidavit must indicate whether the granted patent has not been implemented in Indonesia or, is currently being implemented. 

The form of patent implementation to be indicated may include one of the following:

• Manufacturing the product but not yet commercialized,
• Manufacturing the product and already commercialized,
• Utilizing the process but not yet commercialized,
• Utilizing the process and already commercialized,
• Importation, or
• Licensing.

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The Patent Holder must submit the above affidavit to the Directorate General of Intellectual Property (DJKI) no later than the end of each calendar year.

Please note that while there is currently no administrative penalty or fine for failure to submit the affidavit, non-compliance may expose the patent to risks of invalidation or compulsory licensing, in accordance with Indonesian patent regulations.