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REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA

NUMBER 13 OF 2021

ON

AMENDMENT TO REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS NUMBER 38 OF 2018

ON PATENT APPLICATIONS

BY THE GRACE OF GOD ALMIGHTY

MINISTRY OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,

Considering:

  • that in order to support efforts for the amendment of regulations that are related to ease of doing business, protection, empowerment of micro, small-, and medium-scale enterprises as well as the improvement of the investment ecosystem, it has been deemed necessary to accelerate the process of completion of applications in the field of simple patents;

  • that in order to implement the provisions of Article 107 of Law Number 11 of 2020 on Job Creation, Regulation of the Minister of Law and Human Rights Number 38 of 2018 on Patent Applications has to be amended;

  • that based on the considerations as referred to in letter a and letter b, it is necessary to establish Regulation of the Minister of Law and Human Rights on the Amendment to Regulation of the Minister of Law and Human Rights Number 38 of 2018 on Patent Applications;

Observing:

  1. Article 17 paragraph (3) of the 1945 Constitution of the Republic of Indonesia;

  2. Law Number 39 of 2008 on State Ministries (State Gazette of the Republic of Indonesia of 2008 Number 166, Supplement to the State Gazette of the Republic of Indonesia Number 4916);

  3. Law Number 13 of 2016 on Patent (State Gazette of the Republic of Indonesia of 2016 Number 173, Supplement to the State Gazette of the Republic of Indonesia Number 5922);

  4. Law Number 11 of 2020 on Job Creation (State Gazette of the Republic of Indonesia of 2020 Number 245, Supplement to the State Gazette of the Republic of Indonesia Number 6573);

  5. Regulation of the President Number 44 of 2015 on Ministry of Law and Human Rights (State Gazette of the Republic of Indonesia of 2015 Number 84);

  6. Regulation of the Minister of Law and Human Rights Number 29 of 2015 on Organization and Work Procedures of the Ministry of Law and Human Rights (Official Gazette of the Republic of Indonesia of 2015 Number 1473) as amended several times, most recently by Regulation of the Minister of Law and Human Rights Number 24 of 2018 on Third Amendment to Regulation of the Minister Number 29 of 2015 on Organization and Work Procedures of the Ministry of Law and Human Rights (Official Gazette of the Republic of Indonesia of 2018 Number 1135);

  7. Regulation of the Minister of Law and Human Rights Number 38 of 2018 on Patent Applications (Official Gazette of the Republic of Indonesia of 2018 Number 1764);

DIVA | DIUNDUH PADA 05 NOVEMBER 2023 1 / 4

HAS DECIDED:

To establish:

REGULATIOF OF THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA

NUMBER 13 OF 2021 ON AMENDMENT TO REGULATION OF THE MINISTER OF LAW AND HUMAN

RIGHTS NUMBER 38 OF 2018 ON PATENT APPLICATIONS.

Article 1

Several provisions in the Regulation of the Minister of Law and Human Rights Number 38 of 2018 on Patent Applications (Official Gazette of the Republic of Indonesia of 2018 Number 1764), are amended as follows:

  1. Between Article 83 and Article 84 is inserted 1 (one) article, namely Article 83A therefore, it reads as follows:

“Article 83A

Simple Patent is granted for only one Invention.”

  1. Provisions of Article 84 are amended, therefore read as follows:

“Article 84

Substantive review shall apply with the following provisions:

  • has a novelty;

  • may be a development of an existing product or process;

  • has practical uses; and

  • may be applied in the industry.”

  1. Provisions of Article 85 are amended, therefore read as follows:

“Article 85

(1) Simple Patent Application shall be administratively reviewed within 5 (five) Days since the date the

Application is received.

(2) In the event that based on the administrative review result as referred to in paragraph (1), the

required documents are incomplete as referred to in Article 21, the Minister shall notify in writing to the Applicant to complete the documents.

(3) The Applicant shall complete the lack of required documents no later than 28 (twenty-eight) Days

since the retrieval date of the simple Patent Application.

(4) In the event that the lack of requirements is not fulfilled within the period as referred to in paragraph

(3), the Minister shall notify in writing that the application is deemed withdrawn.”

  1. Between Article 85 and Article 86 were inserted 2 (two) articles, namely Article 85A and Article 85B, therefore they read as follows:

DIVA | DIUNDUH PADA 05 NOVEMBER 2023