Indonesia tightens patent filing rules with new ministry of law regulation
20 March 2026
Indonesia’s Ministry of Law has unveiled a comprehensive new framework for patent applications, tightening filing requirements while introducing formal mechanisms for accelerated examination.
Minister of Law Regulation No. 6 of 2026 on Patent Applications, issued on January 13, 2026, and effective February 23, 2026, implements Law No. 65 of 2024 on Patents. The regulation replaces the previous framework under Minister of Law and Human Rights Regulation No. 38 of 2018 (as amended by Regulation No. 13 of 2021), updating procedures to align with current legal, institutional, and technological developments following the restructuring of the Ministry of Law and Human Rights into the Ministry of Law.
Patent applications filed on or after February 23, 2026, must comply fully with the new regulation, while applications submitted earlier will continue under the previous framework.
Key changes in the regulation
- Expanded definition of invention: “Invention” now explicitly includes systems, methods, and uses, in addition to products and processes. This broadens protection opportunities for software, digital, and method-based technologies, though it may also invite closer scrutiny during examination.
- Excess claims fee at filing: Applicants must pay excess claims fees at the time of submission. Failure to do so will result in the application being deemed withdrawn, eliminating the previous option to defer payment to the examination stage.
- Fully electronic filing: All patent applications must now be submitted via the Directorate General of Intellectual Property (DGIP) online system. Assisted filings are permitted, but paper-based submissions are no longer accepted.
- Accelerated examination and publication: Early substantive examination can now be requested before publication, and accelerated publication is available within three months of filing, both subject to official fees.
- Repeat substantive examination: Applicants may formally request repeat examination in cases of refusal, grant decisions, post-grant corrections, withdrawn applications, or applications deemed withdrawn. Requests must be filed within specified timeframes, and the minister is required to decide within 12 months. This provides an additional administrative remedy, potentially reducing the need for court action and cutting time and costs.
The regulation shifts costs and compliance requirements to the filing stage, while formal acceleration and repeat examination mechanisms offer greater procedural options early in the process. Implementation, however, is contingent on the DGIP issuing standard forms and non-tax state revenue tariffs, the timing of which remains uncertain.
This new framework positions Indonesia’s patent system to better accommodate modern technological developments while streamlining certain procedural avenues for applicants.
- Excel V. Dyquiangco
