Patent Annuity Payment in Indonesia

1. Annuity payments are calculated as from the beginning of the protection period, in order to receive protection for the next period, then payment of accumulated annuity fees for the first time shall be done within 6 (six) months calculated as from the grant date. Therefore, payment of the first annuities fees are accumulated annuity fees from the filing year up to granted year plus 1 (one) next year.

Ex: Filing date is 20 January 2013 and the grant date is 5 September 2016. The first annuities payment (from the first year up to granted year plus one next year) i.e. 1st annuity year up to 4th annuity year shall be paid simultaneously within 6 months after the grant date and the due date will fall on 5 March 2017. The accumulated annuities payment have to be paid one day before due date.

2. The due date of next annuity shall be done at least 1 (one) month before the anniversary date of filing date

Ex: Filing date is 20 February 2013 and the due date of annuity payment shall be paid at least on 20 January in every year.

3. If the annuity fee has not been paid within regulated period as mentioned above, then the patent holder may postpone the annuity payment for next 12 (twelve) months (grace period) from the due date of annuity payment. Request for postponement has to be filed at least 7 (seven) days before the due date of annuity payment.

4. Payment in the above grace period will be subject to a surcharge of 100% (one hundred percent) calculated from the total payment of the outstanding annuity fees.

5. If the above 12 (twelve) months grace period has been elapsed, the patent will be declared abandoned by the Patent Appeal Commission. However, the patent which has been declared abandoned may be revived with filing of petition for revival through the Commercial Court.

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