New Provisions on Patent Applications

The Minister of Law and Human Rights (“ Minister ”) has finally addressed the long-awaited implementing procedure for patents applications through the issuance of Regulation on Patent Applications (“ Regulation 38/2018 ”), as mandated under Law on Patents (“ Patent Law ”). [1] However, it should be highlighted that Regulation of the Government on Procedures for Patent Applications (“ Regulation 34/1991 ”) still prevails and has not been revoked.In comparison with Regulation 34/1991, Regulation 38/2018 adds various rules which specifically address international patent registrations, as set out under the Patent Cooperation Treaty 1970, which was most recently modified in 2001 (“ PCT ”). [2] In principle, Regulation 38/2018 addresses the following matters relating to patent applications: