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March 16, 2026

Indonesia Issues New Implementing Regulation on Patent Applications

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Indonesia’s Ministry of Law has introduced a new framework for patent applications that tightens filing requirements and introduces formal mechanisms for accelerated examination. Minister of Law Regulation No. 6 of 2026 on Patent Applications, which was issued on January 13, 2026, and took effect on February 23, 2026, serves as the implementing regulation for Law No. 65 of 2024 on Patents. It replaces the previous patent application framework (under Minister of Law and Human Rights Regulation No. 38 of 2018, as amended by Regulation No. 13 of 2021), which was considered no longer aligned with current legal, institutional, and technological developments. The regulation also reflects the institutional restructuring of the Ministry of Law and Human Rights into the Ministry of Law.

Patent applications filed on or after February 23, 2026, must fully comply with the new regulation. Applications that were filed before this date will continue to be examined and processed under the previous regulation, pursuant to transitional provisions.

Substantive Changes

Definition of Invention

The definition of “Invention” now explicitly includes systems, methods, and uses, in addition to products and processes. This expansion creates broader protection opportunities, particularly for software-enabled, digital, and method-based technologies, although it may also result in closer scrutiny during substantive examination.

Excess Claims Fee

Excess claims fees must now be paid at the time of filing. Failure to pay excess claims fees at filing results in the application being deemed withdrawn. There is no longer an option to defer payment to the substantive examination stage. This amendment forces applicants to face higher upfront costs. Patent claim strategy must be finalized prior to filing, reducing flexibility at later stages.

Procedural and System Changes

Fully Electronic Filing

Patent applications must be filed electronically via the Directorate General of Intellectual Property (DGIP) online filing system. Assisted filings to support electronic submission (e.g., helpdesk or counter support when there is an issue) are allowed, but non-electric filing is no longer available as an alternative filing route.

Accelerated Mechanisms

The regulation introduces early substantive examination, which can be requested before publication with payment of an official fee. There is also an option to request accelerated publication, allowing publication as early as three months from the filing date with payment of an official fee.

Repeat Substantive Examination

A significant procedural development under the regulation is the introduction of a formal mechanism to repeat the substantive examination stage. This mechanism can be requested for the following cases:

  • Refusal decisions;
  • Post‑grant corrections to the description, claims, and/or drawings (provided that the scope of protection is not broadened);
  • Grant decisions;
  • Withdrawn applications; and
  • Applications deemed withdrawn.

Requests must be filed within nine months of the relevant notification (or within two months for withdrawn applications), and the minister will issue a decision approving or rejecting the request within 12 months of receipt. This mechanism provides applicants with an additional administrative remedy, allowing certain matters to be reconsidered before escalating to appeal proceedings or court action, potentially reducing time and costs in appropriate cases.

Practical Implications and Current Limitations

The new regulation tightens Indonesia’s patent filing regime by shifting costs and compliance requirements to the filing stage, while introducing formal acceleration and repeat substantive examination mechanisms that reduce procedural flexibility at later stages of prosecution. However, as the DGIP has not yet issued standard forms or supporting regulations on Non-Tax State Revenue (PNBP) tariffs, practical implementation remains dependent on further regulations, the timing of which is currently unclear.

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