What is Omnibus Law?

Omnibus Law, also known as “UU CIPTA KERJA” in Indonesia, has recently been enacted by the government. There is still a lot of pros and cons about this act, however, it comes through another field especially the Indonesian Labor Law. However, the enactment of this law contains a lot of revision of current multiple laws, including patent and trademark as a part of Intellectual Property Law (IP Law).

The main star of these changes is the great reduction on duration of the substantive examination (for trademark application) period which is beneficial and empowers a lot of people which will get their trademark certificates faster. If this Omnibus Law is applicable in this field, then Indonesia might be one of the fastest trademark registration process in Southeast Asia alongside with Singapore.

All the changes due to Omnibus Law which affect the field IP Law, could be found in more details below.

1. PATENTS

In summary, the main points of the changes in Patents applied greatly through Simple patent application, widely known as utility models. Here are several articles of the omnibus law which describe the changes:

• Article 3

The added clause specifically on utility model which effects on:
simple products, simple methods, and simple process.

• Article 20

Make it more clear on Patent applicability/transfer technology on all types of patents which includes Products, Process, Systems, and Method.

• Article 122

Utility model/Simple Patent is no longer accepting the late substantive examination; the changes require to pay alongside the application fees.

• Article 123

Simple Patent Publication Waiting Period increased from 7 days of waiting into 14 days of waiting from the filing date.

Simple Patent Publication Period reduced from 2 months Publication Period into 14 days Publication Period.

• Article 124

The decision to accept or refuse a utility model application is greatly reduced from 12 months to 6 months from the application date.

Read Also: Patents: The claim and its importance

2. TRADEMARK

• Article 20

Added a sub-clause on “trademark cannot be registered if” on point (g) contains a shapes/form that is functional

• Article 25

The Substantive Examination period is greatly reduced from 150 days to 30 days.

Grace Period of 30 Days for the examiner to wait for the incoming opposition from a third party is removed.

In the case of opposition is filed, a Substantive Examination period will still be reduced from 150 days to 90 days.