Payment of Annuities for Maintenance of Patents in Indonesia
For purposes of maintaining the validity of a Patent and the recording of licenses, during the life of the patent, you have to pay the said maintenance fees annually. But, during that time, you can make money by licensing your patented innovation.
Once the Patent Office is satisfied with your application, they shall issue a “Notice of Allowance”. At this stage, the applicant should start to pay the patent maintenance fee/annual fee.
The payment of annual fee shall be counted from the first year of the Protection (Filing Date).
The obligation to pay annuities begins from the issuance of a Notification of Allowance (the Patent Law No. 13 of 2016 art. 126). Back annuities from the Filing Date until Granting Date (Issuance Date of the Notice of Allowance) plus 1 (one) year annual fee should be settled within six months computed from that Granting Date.
The payment of next annual fees, provided that the Patent is still valid, shall be made no later than 1 (one) month before the same date as the Filing Date of the following year.
Delay in the payment of annual fees may be made by submitting a letter of application to use the grace period mechanism, filed no later than 7 working days before the annual payment due date. In this case, there is a 100% penalty fee of the total amount of annuity fees.
In the event that the annual fee has not been paid until the specified time period, theoretically, the Patent is declared deleted.