Global patent law changes, collaborations, and sanctions
Indonesia
As of October 28, 2024, a new version of the Patent Law of Indonesia entered into force, introducing a multitude of amendments to the patent system.
One of the main amendments introduced to the Patent Law has been a significant extension to the grace period for patent applications. Accordingly, applicants are now able to utilize a period of 12 months instead of the previous 6 months in order to exhibit or share details of their invention publicly, at official exhibitions, or scientific forums and the like without having to risk the novelty of their patent.
Another significant change implemented is the addition of new fees for patent applications that include more than 10 claims, which have been introduced to mitigate the costs to the Indonesian IP Office for the examination of more in-depth patent applications.
The new patent law has also largely broadened the scope of what qualifies for patent protection, with the legislation now explicitly recognizing systems, methods, and uses as distinct types of inventions, alongside the previously recognized types of inventions. The expanded definition of patentable inventions increases legal certainty for applicants who wish to apply for patent protection with less typical types of inventions, further encouraging research and development into novel and unique technologies.
The patentability of computer programs has also been addressed in the revised law, specifically introducing provisions for computer-based inventions that will not be patentable. As such, standard computer programs are now exempt from patent protection. In contrast, technological inventions that incorporate computer software which makes up part of a broader system, or a problem-solving process, are able to be patented.
Moreover, the revised law abolishes a previous exemption in relation to patenting new uses and forms of existing products or compounds. This means that patents can now be granted for a “second medical use” for pharmaceutical products or compounds, which, in turn, will incentivise research and development into pre-existing products.
New definitions of "Traditional Knowledge” and "Genetic Resources” have been introduced in the legislation, which now brings Indonesia's patent regulations into alignment with the World Intellectual Property Organization (WIPO) Treaty on Genetic Resources Related to Traditional Knowledge, which was adopted in the country in July 2024. With the adoption of the Treaty and new IP law, Indonesia now facilitates the protection of inventions involving genetic resources and traditional knowledge with the intention of benefiting national interests, alongside upholding the rights of the patent holder.
Further amendments introduced to the legislation include a new requirement for patent holders to file an annual report detailing the enforcement and implementation of their patent within the country, in order to ensure that any granted patents within the jurisdiction are being used to effectively contribute to the economy. The mandatory licensing provisions were also updated within the legislative amendments, with new and clearer guidelines being set forth for compulsory licensing. This has been implemented with the view of preventing patent holders from monopolizing the market in relation to certain technologies or inventions and to reduce unfair competition with Indonesia.
The amendments to the patent law of Indonesia have been enacted to strengthen protection for intellectual property rights, as well as to streamline the IP protection process, and to bring the Indonesian IP system further in line with international standards. In turn, this is expected to lead to an increase in patent filings within the jurisdiction for both national and international applicants across a range of sectors.
EU-Russia Sanctions
The end of 2024 saw an amendment to the 14th set of EU sanctions against Russia amidst ongoing unrest. These sanctions concerned the procedures in relation to the granting of European Patents (EPs) having unitary effect for applicants associated with the country.
As such, the European Patent Office will automatically reject requests for unitary effect in instances where the applicant/right holder of the EP is subject to the restrictive measures of the sanctions.
Those prohibited from filing for IP matters within the EU include Russian nationals, natural persons residing in Russia and legal entities, organizations or institutions based in Russia. These restrictions also apply should any of the aforementioned types of restricted applicants file alongside non-Russian nationals/business owners within the country.
PPH Updates
The Intellectual Property Office of New Zealand (IPONZ) and the China National Intellectual Property Administration (CNIPA) entered into a new Patent Prosecution Highway (PPH) pilot programme as of November 1, 2024.
This new PPH program allows applicants to request accelerated examination of their patent application in either one of the aforementioned offices when filed in both, so long as one or more of the claims pertaining to the patent application have been examined and deemed patentable by one of the offices in the partnership. As such, patent examination results conducted by the IPONZ will be shared with the CNIPA and vice versa, accelerating the patent examination process in both jurisdictions.
The decision to implement a PPH agreement between the CNIPA and the IPONZ comes at a poignant time, with data showing that China is one of the most common jurisdictions for New Zealand applicants to file for patent protection.
The IPONZ also entered into a PPH pilot program on December 1, 2024, with the European Patent Office (EPO), allowing for the same accelerated patent examination process to occur between the two offices.
Meanwhile, the Brazilian Patent and Trademark Office (BRPTO) entered a new phase in the implementation of the Global Patent Prosecution Highway (GPPH) program. Brazil joined the GPPH as of July 6, 2024, with the newest phase of the pilot project having entered into effect on January 1, 2025.
Through the GPPH, the examination of patent applications can be expedited through the sharing of examination data by another IP office which is a party to the global program. This applies to both national patents as well as those filed under the Patent Cooperation Treaty (PCT).
As per the new phase of the GPPH for Brazil, the INPI now accepts PPH applications even for those that do not claim priority from a partner IP office. Further, the INPI will also accept any examination data that indicates that the subject matter is patentable, whether that conclusion was reached by a national, regional, or international authority.
The rise in PPH partnerships worldwide is indicative of an ever-growing international effort toward a more cohesive and global IP system, contributing to technological advancements and economies across the world.