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ARTICLE · 14 NOVEMBER 2020

Key changes to Indonesian patent and trademark laws

Indonesia's Law No.11 of 2020, the Omnibus Law, contains revisions to multiple laws, including patent and trademark laws

IndonesiaIntellectual Property

Indonesia officially enacted Law No.11 of year 2020, commonly known as the Omnibus Law, on 2 November 2020. The Omnibus Law contains revisions to multiple laws, including patent and trademark laws.

The major changes to the Indonesian patent law are as follows.

"Simple patent" – commonly known as a utility model, petty patent or innovation patent in other jurisdictions. The law has been amended to explicitly define a simple patent. Previously, a simple patent could be granted to every new invention or development of an existing product / process which is industrially applicable. There is now a further definition in that the development of the existing product / process can include "a simple product, a simple process, or a simple method". At this juncture, it is unclear how the further definition will materially affect prosecution of simple patents. It appears that the further definition might suggest that it is easier for simple patents to be granted as compared to

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