DJKI Prepares New Regulation for Patent Applications

The Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual– “ DJKI ”) of the Ministry of Law is preparing amendments to Regulation of the Minister of Law and Human Rights No. 38 of 2018 on Patent Applications, as amended by Regulation No. 13 of 2021 (collectively referred to as “ Regulation 38/2018 ”). Sri Lastami, Director of Patent, Layout Design of Integrated Circuit, and Trade Secret at DJKI, explained that there are several changes relate to the rules on priority rights and the Patent Cooperation Treaty (“ PCT ”).

“Basically, the national provisions have been adjusted to align with the TRIPs Agreement, for example, the use of the term ‘restoration priority’ in the PCT is referred to as ‘extension of priority’ in Indonesia,” said Sri Lastami to Hukumonline.

Another aspect is the guidelines or technical guidelines that incorporate “extension of priority” as stipulated in Law No. 65 of 2024 on the Third Amendment to Law No. 13 of 2016 on Patent (collectively referred to as “ Law 13/2016 ”). It is expected that the current regulation will realize certainty, fairness, and benefits for the public and the state in intellectual property protection, especially in the field of patents.

“It is planned to be completed and issued this year,” she added.