You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

October 18, 2021

Proposed Amendments to Indonesia’s Patent Law

Subscribe to Updates

In August 2021, the Directorate General of Intellectual Property (DGIP) of Indonesia’s Ministry of Law and Human Rights held a virtual session on the draft revision of Patent Law No. 13 of 2016 to apprise relevant stakeholders of the draft amendments and maintain transparency in the drafting process. The Patent Law is being amended to correspond with the Job Creation Law (Law No. 11 of 2020), which requires adjustments to regulations to bring them in line with international standards, balanced with national interests. One of the purposes of the Job Creation Law is to speed up and simplify business processes, so the proposed amendments to the Patent Law aim to support this objective.

The draft update to the Patent Law contains a number of notable changes, as laid out below.

Computer programs

Under both the current law and the draft law, computer programs are not considered inventions and thus cannot be patented. However, the draft law does allow computer-implemented inventions and computer-related inventions, while specifying that computer programs by themselves are not allowed.

Discoveries

The draft law allows patents for a new use of an existing product or for a new form of an existing compound that significantly increases efficacy and has no related chemical structural differences from the known compound. This allowance will be particularly advantageous for inventions related to second medical uses.

Application grace period

The draft law increases the time allowed for filing a patent application to 12 months after the disclosure of the invention (from the current grace period of six months). This longer allowance will especially benefit researchers and inventors who require scientific publication of their research results as well as patent protection.

Patent implementation by other parties

The draft law allows implementation of a patent not only in terms of production, but also through granting permission to other parties, such as through transfer and licensing. This change aims to bring the draft law in line with the TRIPS Agreement, which holds that patent owners have the right to assign, license, or transfer (by succession) their patents.

Statement of patent implementation in Indonesia

Previously, there was no requirement to provide a statement of patent implementation in Indonesia, but an annual statement is mandated in the draft law. Even if the patent is not implemented in Indonesia, a statement must still be provided to the DGIP at the end of each year.

Statement of origin for genetic resources and traditional knowledge

A proposed amendment in the draft law requires patent applications related to genetic resources or traditional knowledge to be accompanied by a statement of origin. This statement is meant to replace the currently required validation or verification letter from an appointed institution, because currently there is no designated institution to verify the origin of genetic resources.

Late filing of applications claiming priority rights

While previously no delay has been allowed, the new draft states that applications claiming priority rights that have missed the 12-month deadline may still be filed within four months of the deadline with an additional fee. In other words, it is possible to file patent applications claiming priority rights up to 16 months from the priority date.

Refiling

The draft law states that an application deemed withdrawn because it was not accompanied by the necessary formality documents may be filed again for an additional fee. However, the specific rules and timeframe for this are still unclear.

Substantive examination timing

One proposed amendment encourages acceleration of substantive examination by stipulating that substantive examination will take place after a request for it is filed. This is different from the current practice, under which substantive examination takes place after the end of publication period. In addition, a new provision allows applicants to request (at the time of filing or at the publication stage) a preliminary substantive examination.

Thus far, acceleration of a patent application in Indonesia has only been possible through a patent prosecution highway (PPH) request, limited to a corresponding Japanese patent application. Under the draft law, applicants can request acceleration of substantive examination after the completion of the publication period, subject to a fee. Requirements and timeframe for this are still unclear.

Repeat substantive examination

A new provision in the draft law introduces the concept of repeat substantive examination of Indonesian patent applications, whereby a patent owner who wants to review a substantive examination decision or make a change or addition to the granted claim can request a reexamination. This reexamination request can only be made for applications that have been granted, and must be filed within six months of the grant decision.

Appeals

The draft law retains the current appeal window to the Patent Appeal Commission of three months from issuance of a rejection notice, but adds that rejection of a request for repeat substantive examination can also be appealed to the Patent Appeal Commission, following this same timeframe. In addition, if the Patent Appeal Commission issues a further rejection notice, a lawsuit can be filed with the Commercial Court. The draft law states that a lawsuit against the decision of rejection from the Patent Appeal Commission can only be filed after the examination and final decision from the Patent Appeal Commission.

Compulsory licensing

A new provision in the draft law holds that a compulsory license will be ended if within two years the licensee cannot prevent the implementation of patent in a way that is detrimental to the public interest. In other words, the license will be canceled after two years if the licensee fails to secure implementation or allows ineffective implementation (such as ineffective production of drugs under a compulsory license, resulting in the supply remaining inadequate and the price too high).

Government use of patents for imported pharmaceutical products

The draft law allows the government to implement the patent for a pharmaceutical product for treatment of diseases in humans if the product cannot be produced in Indonesia.

Outlook

The objective of the draft law is to encourage the implementation of patent protection and services that are innovative, responsive to public needs, and in line with international developments. The draft law is expected to be finalized next year, as it has been included in the 2022 National Legislation Program (Prolegnas). Once it is passed, the resulting law will modernize aspects of Indonesia’s patent system in line with government priorities.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

September 14, 2026
Myanmar’s first-to-file trademark registration regime under the Trademark Law 2019—which became fully operational in April 2023—provides mark owners with enhanced legal protection compared with the country’s former system. Correspondingly, the current system imposes more rigorous statutory requirements for obtaining, maintaining, and enforcing rights in marks. In this first-to-file trademark registration system, however, evidence of use remains particularly significant, as it may establish acquired distinctiveness, support a claim that a mark is well-known, and strengthen the owner’s position in both registration and enforcement proceedings. Accordingly, it can be said that this framework is underpinned by three key concepts: distinctiveness, well-known status, and, importantly, use of the trademark. Trademark Distinctiveness Under the Trademark Law, signs that lack distinctiveness are generally ineligible for mark protection. These signs include generic terms, basic shapes, unstylized single letters or numerals, and signs that merely describe the kind, quality, quantity, intended purpose, value, geographical origin, production time, or other characteristics of the relevant goods or services. However, a mark that would otherwise be refused on distinctiveness or descriptiveness grounds may be registrable if it has acquired distinctiveness through its use prior to the filing date. To show this, the applicant must demonstrate that the mark became distinctive to relevant consumers through continuous, exclusive, and good-faith use in trade within Myanmar. The burden of proving acquired distinctiveness rests with the mark owner. Accordingly, sufficient evidence demonstrating both use of the mark and the level of consumer recognition attained should be prepared in advance. Well-Known Mark Criteria Myanmar’s Trademark Rules, which govern the substantive examination of mark registration applications, establish criteria for determining well-known marks, aligned with international standards. Where an applicant claims well-known status—whether to overcome a refusal on relative grounds or to oppose a third party’s registration—the registrar will assess the claim based on the following
Read More
September 14, 2026
On August 23, 2026, Vietnam’s National Assembly passed Law No. 11/2026/QH16, amending the country’s Customs Law with effect from March 1, 2027. The amendments represent a substantial reform of Vietnam’s customs-based intellectual property enforcement regime. The reforms come amid considerable external pressure. In its 2026 Special 301 review, the US Trade Representative (USTR) designated Vietnam a “priority foreign country,” citing widespread counterfeiting, weak border enforcement, limited ex officio customs powers, and the absence of controls over goods in transit. Vietnam’s legislative response signals a commitment to bringing its border enforcement practices into line with international expectations. For IP rights holders operating in or through Vietnam, the amended law introduces several tools that substantially strengthen enforcement options at the border. Closing the Transit Gap One of the most consequential amendments is the extension of IP-related customs enforcement to goods in transit. Previously, Vietnam’s customs regime applied IP controls only to goods being imported or exported, a gap the USTR had specifically identified as enabling infringing goods to pass through Vietnamese ports with impunity. Vietnam’s geographic position as a logistics hub for Southeast Asia means that substantial volumes of goods transit its ports and free-trade zones. Extending enforcement to cover these shipments brings Vietnam closer to the standard set by the EU’s customs enforcement regulation and addresses a longstanding concern of multinational brand owners whose goods are frequently counterfeited in the region. Strengthened Suspension and Ex Officio Powers The amended law introduces a dual-track suspension mechanism (Article 73(2)). Customs authorities will suspend clearance upon request by an IP rights holder (or authorized representative) who provides evidence of IP ownership, evidence of infringement, and a financial guarantee. Customs can now proactively suspend clearance on an ex officio basis if, during inspection and monitoring, they discover “clear grounds” to suspect that imported, exported,
Read More
September 7, 2026
Indonesia’s Constitutional Court (Mahkamah Konstitusi) has reinstated a key provision limiting pharmaceutical patent protection, signaling a renewed commitment to balancing patent rights with public access to medicines. In its ruling to Case No. 255/PUU-XXIII/2025, the court partially granted a petition for judicial review of Law No. 65 of 2024, which had amended the country’s Patent Law, and ordered the restoration of a provision that had excluded certain pharmaceutical inventions from patentability. The decision took effect immediately upon its pronouncement at the court’s plenary session on August 28, 2026. Background The petition challenged the removal of article 4(f) from Law No. 13 of 2016 concerning Patents (Patent Law), as amended by Law No. 65 of 2024. Article 4(f) had excluded from patentability certain inventions relating to new uses of known substances. The petitioners argued that removing this provision would open the door to patent protection for second medical use inventions and facilitate patent evergreening—practices that can extend exclusivity periods, delay generic market entry, and reduce public access to affordable medicines. The petitioners included several patient advocacy and public-interest organizations: the Indonesian Dialysis Patients Community Association, the Indonesian Association of Drug Abuse Victims (PKNI), the Indonesian Pulmonary Hypertension Foundation (YHPI), the Rekat Peduli Indonesia Foundation, and the Indonesian Positive Women’s Association (IPPI), along with the Indonesia for Global Justice Association and four individual petitioners. The petitioners also challenged the constitutionality of the phrase “interested party” in article 70(1) of the Patent Law, arguing that it should be construed expressly to clarify who has standing to appeal a decision to grant a patent before the Board of Patent Appeal, and to allow a broader range of parties—such as patent holders, licensees, consumer organizations, prosecutors, aggrieved third parties, and others who may suffer direct or indirect harm from the grant of a patent—to
Read More
September 2, 2026
Thailand and China have a longstanding and significant trade relationship, which increasingly extends to e-commerce and digitally enabled supply chains. While these channels create new opportunities for businesses to reach consumers across borders, their growth also brings greater exposure to intellectual property (IP) infringement across jurisdictions and online platforms. Effective cooperation between the two countries’ enforcement authorities has therefore become increasingly important. To strengthen cooperation in this area, Thailand and China signed a memorandum of understanding (MOU) on IP enforcement in Beijing on July 20, 2026, during the Thai prime minister’s official visit to China. Officially titled “Memorandum of Understanding Between the State Administration for Market Regulation of the People’s Republic of China and the Ministry of Commerce of the Kingdom of Thailand on Cooperation in the Field of Intellectual Property Enforcement,” the MOU forms part of a broader bilateral agenda covering industrial and supply chains, participation by micro, small, and medium-sized enterprises (MSMEs), cooperation associated with the ASEAN–China Free Trade Area 3.0, and progress on the registration of Thai geographical indications in China. The MOU establishes a bilateral framework for cooperation and coordination in five broad areas: Strengthening dialogue in IP enforcement; Enhancing information sharing; Facilitating the enforcement of IP rights in cases arising in the parties’ domestic markets and on online platforms, in accordance with their respective domestic laws; Promoting cooperation in IP enforcement training and human resource development; and Undertaking other cooperation activities agreed upon by both sides. The Department of Intellectual Property (DIP) will serve as the principal coordinating agency for Thailand, while the Bureau of Law Enforcement and Inspection in China’s State Administration for Market Regulation (SAMR) will serve in that role for China. The framework is particularly relevant to the growth of e-commerce, as it covers infringement in the domestic markets and on
Read More