Indonesia Patent Working Statement: An Annual Obligation for Patent Holders in Indonesia

An Indonesia patent working statement is an annual obligation for all patent holders whose patents remain in force in Indonesia to declare whether their patents have been implemented or not. This requirement applies to all patents—whether old or newly granted—regardless of who owns them or whether the patent holder has a physical presence in Indonesia.

In practice, this obligation often only receives serious attention when deadlines are approaching or when potential legal issues begin to surface. In reality, however, this statement is more than a mere administrative formality. How it is submitted—and how consistently it is maintained—can affect the security of patent rights in Indonesia.

Legal Basis and Scope of the Obligation

The obligation to submit an annual working statement was introduced through amendments to Indonesia’s Patent Law and applies to:

• All patents that remain in force in Indonesia

• Individual and corporate patent holders

• Domestic and foreign patent owners

• National patents and PCT patents

As long as a patent is valid, the reporting obligation continues to apply, with no exceptions based on the age of the patent or the industry involved.

What Must Be Declared in the Indonesia Patent Working Statement?

Patent holders are required to submit a statement on the implementation status of their patent using the official format provided by the Directorate General of Intellectual Property (DGIP). In this statement, the patent holder simply selects the most relevant condition, such as:

• The patent holder manufactures and commercializes the patent in Indonesia.

• The patent holder manufactures the patent but has not yet commercialized it.

• The patent holder imports the patented product or process into Indonesia.

• The patent holder licenses the patent to another party.

• The patent holder has not implemented the patent (non-working).

If a patent holder has not implemented the patent, the patent holder may still declare this status validly, and at this stage does not need to submit any supporting documents or additional explanations

Filing Method and Submission Deadline

• National patents: the Indonesian filing date

• PCT patents: the international filing date

• Divisional patents: the filing date of the parent patent

The patent holder submits the statement as a color-scanned document signed by an authorized representative, such as a director, CEO, or IP manager. No power of attorney, legalization, or notarization is required.

No Immediate Penalties, but Real Legal Risks

Indonesian patent law does not impose automatic sanctions for late submission. However, authorities often take non-compliance into account, particularly in relation to:

• Applications for compulsory licenses by third parties

• Disputes involving patents that patent holders do not work

• Assessments of a patent holder’s legal position in enforcement proceedings

If a patent holder does not implement a patent within a certain period after grant, third parties may apply for a compulsory license. In these situations, authorities typically scrutinize the patent holder’s compliance history with annual working statements.

Common Issues in Practice

Patent holders frequently encounter the following issues:

• Patent holders do not track annual deadlines consistently.
• Patent holders assume unused patents do not require reporting.
• Unauthorized individuals sign the statements.
• Patent holders submit reports without considering patent and licensing strategy

These issues usually only become apparent once legal risks have already emerged, leaving limited room for corrective action.

Legal Support for Patent Working Compliance

Although the procedure may appear straightforward, the Indonesia patent working statement is not merely an annual formality. Statements submitted today can have long-term implications for patent protection.

Through amr.co.id, AMR Partnership assists patent holders with:

• Assessing patent working obligations

• Preparing and submitting annual working statements

• Reviewing non-working risks and potential compulsory licensing exposure

• Aligning legal compliance with broader business strategy

Staying Compliant with Indonesia’s Patent Working Requirements

The Indonesia patent working statement is an annual obligation that every patent holder in Indonesia should take seriously. Proper compliance helps maintain a strong legal position and reduces potential risks in the future.

Patent holders can consult AMR Partnership through amr.co.id and handle this obligation securely in line with prevailing practice.