Delayed payment of Annuities for Indonesia Patents

Question: Can you confirm that for patents, it is possible to pay annuities late by 3 years by paying surcharge?

Answer: Except for year 18, 19 and 20 where it is not possible to file restoration? As stipulated under Article 115 paragraphs (2) of the Patent Law no: 14/2001 as shown herein below:

Article 115
(1) If within 3 (three) consecutive years a Patent Holder has not paid the annual fees as stipulated in Article 18 and Article 114, the relevant Patent shall be deemed void commencing from the date constituting the time limit for the payment for the third year.
(2) If the failure to meet the obligation regarding the payment of annual fees concerns with the payment of annual fees for the eighteenth (18th) and subsequent years, the relevant Patent shall be deemed void on the time limit for the payment of annual fee for the relevant year.
(3) The revocation of a Patent on the grounds as referred to in paragraph (1) shall be recorded and announced.

the Indonesian Patent Office has announced that the payment of annuity for the year of 18th (eighteenth), 19th (nineteenth) and 20th (twentieth) shall be made right on time within its due date and no possibility of late payment even though accompanied with a surcharge. Failing to comply with such rule, the Patent Office will not accept the payment and issue the receipt thereof and the patent will be void accordingly.

In the case that the final deadline is not yet due, there is still possible to pay for the annuity with surcharge. Please see the following example:

Annual fee II (April 1, 2008 – March 30, 2009) will be payable and shall be settled no later than January 5, 2010;

Annual fee III (April 1, 2009 – March 30, 2010) will be payable and shall be settled no later than January 5, 2011;

Annual fee IV (April 1, 2010 – March 30, 2011) will be payable and shall be settled no later than January 5, 2012.

The annuity payment with surcharge for the above still can be made before the final deadline of 5 January 2012. Payment after the aforementioned final deadline is not possible and the annuity is deemed void.