Patent Law Reform In Indonesia: Key Changes Introduced In 2026

Indonesia has introduced a new regulatory framework to streamline patent filing procedures. Eric Enderlin outlines the key changes and their implications for patent applicants.  

On 23 February 2026, changes to Indonesia’s patent framework set out in Regulation No. 6 of 2026 entered into force. The Regulation builds on Indonesian Law No. 65 of 2024 and is primarily aimed at modernising filing and examination procedures while reducing processing times. 

This reform comes against a backdrop of a significant increase in the number of patent applications at the Indonesian Patent Office, which has led to longer examination timelines. The new framework seeks to address this by introducing more efficient procedural mechanisms, with the objective of reducing overall processing times to a significantly shorter period than previously experienced. 

Mandatory electronic filing in Indonesia 

Among the changes introduced by the Regulation is the requirement that all patent applications be filed electronically. This measure is intended to improve administrative efficiency and enhance the processing of applications by the Indonesian Patent Office. 

For applicants, this development requires an adjustment of practices, particularly in relation to document preparation and compliance with formal requirements. It also underscores the importance of effective coordination with local patent agents, especially for foreign applicants. 

An updated definition of ‘invention’ 

The new framework adopts and implements the definition of ‘invention’ set out in the 2024 law. An invention is now defined as a technological solution, including products, processes, improvements, as well as systems, methods and uses. 

This broader definition is intended to better reflect the diversity of modern innovation. It allows for a clearer inclusion of certain categories of inventions, particularly in rapidly evolving technological and scientific fields, and helps reduce uncertainties in the interpretation of applications during examination. 

Acceleration mechanisms for patent filing 

The Regulation introduces several measures aimed at expediting the processing of patent applications at the Indonesian Patent Office. In particular, applicants may request early publication, which can take place within a shorter timeframe than under the standard procedure. 

In addition, it is now possible to request accelerated substantive examination, including prior to publication of the application and before the expiry of the third-party observation period. These mechanisms enable applicants to shorten the overall prosecution timeline and obtain a decision on patentability more quickly. 

Introduction of repeat substantive examination 

Another notable development introduced by the Regulation is the establishment of a ‘repeat substantive examination’ mechanism, i.e. an administrative re-examination of applications or patents. 

This mechanism allows applicants to request a further assessment in various situations, including following a refusal, as well as in relation to certain decisions taken during the life of a patent. It provides an alternative to the traditional appeal procedure, offering a potentially faster and more cost-effective route for reviewing certain decisions of the Indonesian Patent Office. 

Immediate application to new patent filings 

The Regulation specifies that the new requirements apply to applications filed as from its entry into force, i.e. 23 February 2026. Applicants must therefore ensure that any application filed on or after that date complies with the new provisions. 

What are the implications for the pharmaceutical sector?

The Regulation does not contain provisions specifically directed at pharmaceutical products. However, certain general developments in the legal framework may be of particular relevance to this sector. 

In particular, the definition of invention, derived from Law No. 65 of 2024 and implemented by the Regulation, now explicitly includes ‘uses’. In patent law, this concept may, in certain jurisdictions, encompass the protection of new applications of known substances. In the Indonesian context, this development may therefore provide a clearer basis for such types of innovation. 

However, Indonesian patent law does not expressly provide for a specific regime governing second medical use claims. Their allowability will therefore depend on the practice of the Indonesian Patent Office and on the manner in which applications are drafted. A prudent approach is to favour claims directed to products or uses, while avoiding any wording that could be construed as a method of treatment, as such methods remain excluded from patentability under general patent law principles. 

Furthermore, the acceleration mechanisms introduced by the Regulation may be of strategic interest to pharmaceutical stakeholders, particularly where patent protection must be aligned with regulatory requirements or market entry timelines. 

In this context, while the reform does not directly modify the rules applicable to pharmaceutical inventions, it contributes to creating a potentially more favourable environment for their protection, subject to a case-by-case analysis and an appropriate filing strategy. 

Implementation is still being clarified 

Although the Regulation has entered into force, certain practical aspects remain to be clarified, in particular regarding forms, fees and the operational conditions for implementing some of the new procedures. Further guidance from the Indonesian Patent Office is therefore expected. 

Key takeaways for patent applicants 

This Regulation marks an important step in the development of the patent system in Indonesia. By modernising procedures, introducing acceleration mechanisms and establishing new administrative remedies, it contributes to making the system more efficient and more accessible. 

While the reform does not specifically target particular sectors, its practical effects – particularly in terms of timelines and the definition of invention – may be of particular interest to innovative industries such as the pharmaceutical sector. In this context, a case-by-case analysis and a tailored strategy remain essential.  

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.