Indonesia has caused a stir in the patent world
by asking patent owners to pay annuities for patents they no longer want – see
here for previous background.
The new law put an end to the issue at least
going forwards. However the government seems to be pushing ahead with trying to
force patent owners to pay old annuity debts. The rule was
that for unpaid annuities, after 3 years the patent was deemed void, but the
annuities were still payable. The only way around it was to notify of the
abandonment. But the unpaid annuities became a debt. The patent office issued letters of
demand, and the debts were transferred to KPNL a state body with responsibility
for recovering them.
In September 2018 the Patent Office wrote to
many patent owners copying embassies. A 6 month payment deadline was given. The
threat was that they would no longer examine their patent applications if patentees did not pay the old debts.
What happens next is anyone’s guess. Indonesia
is the only country in the world applying such a draconian interpretation of
annuities. Recognizing that this was inappropriate, it was ceased under the new law. But for
some reason they are insisting on pursuing the old debts. We assume
diplomatic complaints will soon follow.
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