CHAPTER VI: REVOCATION OF PATENTS
Part One: Revocation of a Patent by Operation of Law
Article 94
A patent shall be deemed null and void by the Patent Office if the Patent Holder does not fulfil his obligation to pay annual fees within the period of time stipulated by this Act.
Article 95
(1) The revocation of a patent by operation of law shall be made known to the Patent Holder and the Patent Licensee concerned in writing and shall be effective as of the date of said notice.
(2) The revocation of a patent for the reasons referred to in Article 94 shall be recorded in the General Register of Patents and announced in the Patent Official Gazette.
Part Two: Revocation of a Patent at the Request of the Patent Holder
Article 96
(1) A patent may be revoked in whole or in part by the Patent Office upon a written request of the Patent Holder to the Patent Office.
(2) A revocation of patent referred to in paragraph (1) may not be carried out if the person recorded in the General Register of Patents as a licensee for implementation of the patent concerned has not given written consent attached to said request for revocation.
(3) The decision to revoke a patent shall be known in writing to the Patent Holder and the Patent Licensee concerned as recorded in the General Register of Patents.
(4) The decision to revoke a patent for reasons referred to in paragraph (1) shall be recorded in the General Register of Patents and announced in the Official Patent Gazette.
(5) Revocation of a patent shall be effective as of the date on which the Patent Office issues its decision to cancel.
Part Three: Revocation of a Patent by Virtue of a Claim
Article 97
(1) A lawsuit for revocation on of a patent may be granted where :
a. the patent should not have been granted according to Article 2 and Article 7;
b. said patent is the same as another patent that has been granted to another person based on this Law ;
c. the grant of a Compulsory License cannot stop the implementation of a patent in the form and manners which contravene the public interest within the period of 2 (two) years commencing from the date of granting of the Compulsory License concerned or from the date of granting of the first Compulsory License where some Compulsory Licenses have been granted.
(2) A lawsuit for revocation on the grounds referred to in paragraph (1) letter a may be filed by a third party against the Patent Holder to the District Court of Central Jakarta.
(3) A lawsuit for revocation on the grounds referred to in paragraph (1) letter b may be filed by the Patent Holder or the Patent Licensee to the District Court of Central Jakarta requesting revocation of the other patent which is the same to his.
(4) A lawsuit for the revocation on the grounds referred to in paragraph (1) letter c may be filed by the Public Prosecutor against the Patent Holder or the Compulsory Licensee to the District Court of Central Jakarta.
Article 98
If a claim for revocation of a patent referred to in Article 97 shall be confined to one or several claims or parts of claims, cancellation shall be granted only with respect to matters for which revocation is sought.
Article 99
(1) A copy of the claim and decision of the District Court of Central Jakarta on the revocation of a patent must be immediately forwarded by the Clerk of the District Court of Central Jakarta to the Patent Office.
(2) The Patent Office shall record the claim and the decision on revocation in the General Register of Patents and announce them in the Official Patent Gazette.
Part Four: Consequences of Patent Revocation
Article 100
Revocation of a patent shall nullify all legal consequences connected with the patent and other rights derived from said patent.
Article 101
Unless determined otherwise by a decision of the District Court of Central Jakarta, the revocation of a patent in whole or in part shall be effective as of the date of said revocation decision.
Article 102
(1) The Licensee of a patent revoked on the grounds referred to in Article 97 paragraph (1) letter b shall continue to be entitled to implement his license until the expiry date stipulated in the licensing agreement.
(2) A Licensee referred to in paragraph (1) shall no longer be required to continue to pay royalties which he would otherwise be required to pay to the Patent Holder whose patent was revoked, but to pay royalties for the remaining of his licensing period to the right Patent Holder.
(3) Where a Patent Holder has received in advance a lump sum payment of royalties from the Licensee, said Patent Holder shall be obligated to refund the amount of royalties proportionate to the remaining period of the utilisation of the license to the legitimate Patent Holder.
Article 103
(1) A license of a patent declared to be revoked for reasons referred to in Article 97 paragraph (1) item b, but acquired in good faith before the filing of the claim for revocation of the patent concerned, shall continue to be effective with respect to the other patent.
(2) A license referred to in paragraph (1) shall continue to be effective provided that said Licensee shall thereafter continue to be obligated to pay royalties to the Holder of the unrevoked patent in the same amount as previously agreed with the Holder of the revoked patent.