DRAFT

PRESIDENTIAL REGULATION OF REPUBLIC OF INDONESIA

NUMBER YEAR

ON IMPLEMENTATION OF PATENT BY PATENT HOLDER

Article 1

In this Presidential Regulation, what is referred to as:

(1) Patent is an exclusive right given by the country to inventor or invention in technology for a certain
period of time, implements the invention by self or grant agreement to other party to implement it.
(2) Patent Holder is Inventor who acts as Patent owner, other party who receives right on the Patent
from Patent Holder, or other party who further receives right on the Patent which is listed in the
Patent general list.
(3) Proxy is intellectual property consultant who lives or has permanent residence in the territory of
Republic of Indonesia.
(4) Implementation of Patent is the obligation of patent holder to make product or utilize the process
in Indonesia.
(5) Minister is the minister who organizes government duty in law.

Article 2

(1) Patent Holder shall make product or utilize process in Indonesia.

(2) Product making or process utilization as intended in paragraph (1) shall support transfer of
technology, investment absorption, and/or job creation.

Article 3

(1) Patent Holder who has not make product or utilize process in Indonesia as intended in Article 2
paragraph (1) may request postponement of Implementation of Patent.
(2) Postponement as intended in paragraph (1) may be done in:
a. Patent Holder does not have the capability to implement Patent; and/or
b. Implementation of Patent is not proportional to economic value to be gained by Patent Holder.

Article 4

(1) Postponement of Implementation of Patent as intended in Article 3 is conducted with the approval
from the Minister.
(2) To obtain approval from the Minister as intended in paragraph (1), Patent Holder or their Proxies
shall apply for Postponement of Implementation of Patent request to the Minister.
(3) Each Postponement of Implementation of Patent as intended in paragraph (2) may only be
requested for 1 (one) Patent.

Article 5
 (1) Postponement of Implementation of Patent is requested within 24 (twenty-four) months to 30
(thirty) months since the date of Patent is granted.
(2) Postponement of Implementation of Patent as intended in paragraph (1) is given since the end of
period of 36 (thirty six) months since the date of Patent is granted.

Article 6

(1) Each Postponement of Implementation of Patent as intended in Article 4 shall go through

examination.
(2) Examination as intended in paragraph (1) is conducted by a team set up by the Minister.
(3) The Minister may approve or dismiss Postponement of Implementation of Patent.
(4) Approval and dismissal as intended in paragraph (3) is done through consideration of
Implementation of Patent after the postponement shall still support:
a. transfer of technology;
b. investment absorption; and/or
c. job creation.

Article 7

Further provision on procedures of Postponement of Implementation of Patent is stipulated by

Ministerial Regulation.

Article 8

This Presidential Regulation comes into effect on the date of its legislation.