VanillaLaw®’s Post

Major changes to Indonesia’s new Patent Law were enacted last week. They represent significant progress for Indonesia's patent system. Arifia Fajra and Dyah Paramita examine the notable reforms and discuss the implications for patent holders. Read more >> https://lnkd.in/dBuh5jQ2 #Indonesia #Patents

The Government officially enacted Law Number 65 Year 2024 Regarding the Third Amendment to Law Number 13 Year 2016 Regarding Patent. This amendment marks a significant step in strengthening the patent system, enhancing protection for inventions in Indonesia, and aligning with the international provisions. This Third Amendment to the Patent Law clarifies several new provisions, including those related to genetic resources and/or traditional knowledge, the refinement of regulations on compulsory licensing and substantive re-examination of patents, as well as inventions that are developments of existing products or processes. For more info, read our article in the link below: https://lnkd.in/eC7wumE7

Indonesia has officially revised its Patent Law. The changes aim to streamline patent administration, adapt to technological advancements, and provide better protection for inventors and patent holders, posing both opportunities for and challenges to interested parties. For a comprehensive overview, we have prepared a summary of the key changes, highlighting the revised articles and their implications for inventors, businesses, and stakeholders alike. Read our detailed summary here: https://lnkd.in/g75WyYbJ If you have any questions or require assistance with navigating these updates, our team would be delighted to help. Please feel free to contact us for further discussion. #Patent #Indonesia #IntellectualProperty #IPUpdates

🔊 Vietnam – The number of Patent Prosecution Highway (PPH) requests in the second year of Phase 3 of Japan-Vietnam PPH 🇯🇵🇻🇳 The PPH Pilot program between the Intellectual Property Office of Vietnam (IPVN) and the Japan Patent Office (JPO) is currently in Phase 3, which spans three years (2022-2025). Each year of the phase includes two stages: The first stage lasts from 1 April to 30 September and the second stage lasts from 1 October to 31 March of the following calendar year, with a maximum of 100 PPH requests per stage... #investip #iplawfirm #ipvn #patent https://lnkd.in/gus-EBfP

Indonesian Patent Law No. 13 of 2016 outlines the process for maintaining your Patent throughout its 20-year term (or 10 for simple patent). This involves making timely annuity payments to the Indonesian Patent Office. Our latest article has breakdown the key points and the Consequences of Missing Payments: https://lnkd.in/gEPaAYCf #AFFAIPR #AFFA #IntellectualProperty #KekayaanIntelektual #Patent #Paten #Annuity #Pemeliharaan #Indonesia #YourIPisOurExpertise

❓ QUESTION Does Vietnam recognize the examination results of patent applications conducted by foreign IP offices? 💡 ANSWER 📙 legal ground According to Article 141 of the amended Intellectual Property Law of 2022, the Intellectual Property Office of Vietnam (IP Viet Nam) may utilize the substantive examination results of patent applications identical to the claimed invention, conducted by foreign patent offices, during the examination. The regulation regarding the detailed use of such foreign substantive examination is issued by The Minister of Science and Technology. However, to date, the above-mentioned regulation has not yet been issued. 🔧 current practice The use of examination results from foreign IP offices as a basis for examination in Vietnam has long been applied, as specified in Article 15.2 of Circular No. 01/2007/TT-BKHCN (which is no longer in effect). It is important to note that the examination results from foreign IP offices are only for reference and are not a mandatory recognition procedure. Vietnamese examiners may disregard foreign examination results (e.g., allowance/grant results) if they find that the basis of the grant or allowance is unconvincing and/or not in compliance with Vietnamese IP Law. Especially in the fields of electronics-telecommunications, medicine-pharmacy, biotechnology, and agriculture, where patent applications may involve non-patentable subject matters such as computer programs, diagnostic, prophylactic, and therapeutic methods for humans and animals, and "the second medical use", even if a notice of allowance/grant was issued by foreign IP offices, the Vietnamese examiners will carefully review the reasons for allowance/grant to ensure that the allowance/grant does not involve the said non-patentable subject matters. 🔑 key takeaway In cases where the applicant intends to submit the foreign allowance/grant results to IP Viet Nam for accelerating the examination process, it is essential to ensure that these results do not involve non-patentable subject matters and to prepare arguments regarding the patentability requirements in case the examiner does not accept these results. #VietnamIP #PatentLaw #IntellectualProperty #IPVietNam #PatentExamination

On 31 October 2024, Myanmar's Intellectual Property Department officially begun to accept new patent and utility model applications. Applicants can now benefit from a substantive patent protection system in Myanmar.

The government officially enacted Law Number 65 Year 2024 Regarding the Third Amendment to Law Number 13 Year 2016 Regarding Patent.  This amendment signifies and strengthening the patent system in Indonesia, enhancing protection for inventions and aligning with international provisions. This Third Amendment to Patent Law introduces key clarifications, including those related to genetic resources and traditional knowledge, improvements to regulations on compulsory licensing, substantive re-examinations of patents, as well as inventions that are developments of existing products or processes. For further details, read our full article at the link below: https://lnkd.in/gYp4Btc2 #HWPLawOffice #PatentLaw #IPUpdate #IntellectualProperty #Patent #LegalUpdate #RegulationUpdate

Last month, Arifia Fajra attended meetings with the Indonesian Directorate General of Intellectual Property (DGIP) to discuss recommendations for quality assurance in the substantive examination of patent applications. Participants included senior patent examiners and the quality assurance team of the Patent Office. The implementation of quality assurance in patent examination aims to establish a robust quality management system within the patent process. Its objectives include producing examination results that are high-quality, transparent, and accountable. Additionally, it seeks to establish a governance system for patent examination that adheres to applicable SOPs and regulations. Another key objective is to provide accurate data to leadership, supporting informed policy decisions in the field of patent examination and serving as a foundation for enhancing the skills and competencies of patent examiners. #Indonesia #Patents

Myanmar’s long-awaited Patent Law 2019 came into effect earlier this year. Finally, on 31 October 2024, Myanmar's Intellectual Property Department (IPD) officially begun to accept new patent and utility model applications. This important development finally enables patent applicants to benefit from a substantive patent protection system in Myanmar, with the implementation of the new law replacing the primitive “cautionary notice” system for the first time. https://lnkd.in/erGdqUEp