In most jurisdictions, it is possible simply to abandon
a patent or application by not paying the required maintenance
fees, which are generally due annually. If the fee is not paid by
the due date, the case is deemed to be abandoned and the matter is
closed.
However, the Indonesian Directorate General of Intellectual
Property (DGIP) over the last few years has taken a rather unique
view of maintenance fees, regarding them as a debt to be settled up
until such time as the case has been actively abandoned by the
patent owner. This is particularly significant because under
Indonesian patent law, all the accumulated back-annuities become
due at the time of grant.
To illustrate the situation, if an Indonesian patent grants
after 10 years, the Indonesian patent office considers that the
applicant has incurred a debt of 10 years renewal fees that must be
paid. By the time a case has progressed to grant stage, there is
simply no way to avoid that debt. Active abandonment
