UNDERSTANDING INDONESIAN PATENTS

Indonesian Patent Laws & Regulations: Which Rules Apply

Indonesia’s patent laws and regulations have changed over time. As a result, the rules applicable to a patent application or granted patent may depend on when it was filed or granted and whether it was still pending when the relevant law or regulation changed. The table below sets out the key patent laws and regulations, their effective dates, and the transitional and closing provisions that determine how applications and granted patents are treated during these changes.

Patent Law / Regulation	Effective Date	Transitional and Closing Provisions under the Law / Regulation
Minister of Law Regulation No. 6 of 2026 on Patent Applications	23 February 2026	“Upon the entry into force of this Regulation: patent applications that have been filed and processed but remain pending shall continue to be processed and finalized in accordance with Minister of Law and Human Rights (MLHR) Regulation No. 38 of 2018 on Patent Applications, as amended by Regulation No. 13 of 2021. MLHR Regulation No. 38 of 2018 on Patent Applications, as amended by Regulation No. 13 of 2021, is hereby repealed and shall cease to have effect.” – Art. 132-133
Law No. 65 of 2024 - 3rd Amendment to the Law No. 13 of 2016 on Patents	28 October 2024	“Upon the entry into force of this Law: Patent applications already filed and processed but not yet completed shall continue to be processed and finalized in accordance with the patent laws and regulations applicable before this Law took effect. The protection term of Simple Patent applications filed under Law No. 14 of 2001 on Patents and Law No. 13 of 2016 on Patents, as amended, most recently by Law No. 6 of 2023, shall be calculated from the Filing Date. Patents granted under Law No. 14 of 2001 on Patents shall remain valid until the expiry of their respective protection terms.” – Art. II
MLHR Regulation No. 13 of 2021 – Amendment to Regulation No. 38 of 2018 on Patent Applications Mainly concerning Simple Patents	3 February 2021	“Upon the entry into force of this Regulation, Simple Patent applications that have already been filed and remain pending shall continue to be processed and finalized in accordance with Minister of Law and Human Rights Regulation No. 38 of 2018 on Patent Applications.” – Art. 103A
MLHR Regulation No. 38 of 2018 on Patent Applications	28 December 2018	“Upon the entry into force of this Regulation, patent applications that have already been filed and remain pending shall be brought into compliance with the provisions of this Regulation.” – Art. 103
Law No. 13 of 2016 on Patents	26 August 2016	“Upon the entry into force of this Law: Patent applications already filed and processed but not yet completed shall continue to be processed and finalized in accordance with the patent laws and regulations applicable before this Law took effect. simple Patent Applications which are filed under Law Number 6 of 1989 on Patent as amended by Law Number 13 of 1997 on Amendment to Law Number 6 of 1989 on Patent, is accounted its term of Patent protection as from the date of granting; Patent which has been granted under: Law Number 6 of 1989 on Patent as amended by Law Number 13 of 1997 on Amendment to Law Number 6 of 1989 on Patent; and Law Number 14 of 2001 on Patent, is declared effective until the termination of its period of effectiveness. all prevailing legislation constituting as implementing regulations on Patent before this Law comes into force, remain effective insofar they are not contradictory to the provisions in this Law. Law Number 14 of 2001 is repealed and declared ineffective.” - Art. 169 – 171

Scope of Patent Protection

Under Regulation No. 6 of 2026, an invention is defined as an inventor's idea embodied in a specific solution to a technological problem. Patent protection may be sought for inventions relating to products and/or processes, improvements or developments of products and/or processes, as well as systems, methods, and uses, provided that the applicable patentability requirements under Indonesian patent law are satisfied.

Patentability Requirements

To be patentable, an invention must be:

new (novel),
considered as involving an inventive step, and
industrially applicable.

For a Simple Patent, an invention must be novel, constitute a development of an existing product or process, and be industrially applicable.

Novelty. An invention is deemed to be novel if on the Filing Date, the invention is not similar to any previously disclosed technology. The Filing Date is the date when the patent application reaches the Indonesian Patent Office in complete form.

Involving an inventive step. The invention involves inventive steps if the said invention to a person skilled in the technical field constitutes to be non-obvious. The evaluation of obviousness of an invention must take into account the state of the art at the time the application filed or which has existed at the time the first Application was filed using Priority Right.

Industrially applicable. The invention may be industrially applicable if the invention can be implemented in the industry as described in the patent application.

Subject Matter Not Considered Inventions

The following elements are not considered as inventions:
a. Aesthetic creations;
b. schemes;
c. methods in conducting activity of:

involving mental activity;
games; and
business.

d. computer programs, except computer-implemented inventions;
e. presentation of information; and
f. theories and methods in the field of science and mathematics.

New Use and Second Medical Use

The prohibition on new uses of known products, including second use and second medical use claims, no longer applies to patent applications filed on or after 28 October 2024, when Law No. 65 of 2024, the Third Amendment to Law No. 13 of 2016 on Patents, took effect. Previously excluded from patent protection, these subject matters may now enable the pharmaceutical industry to develop new therapeutic uses for existing compounds and seek patent protection for such inventions.

Non-Patentable Inventions

The following are inventions according to our patent law, but they are not patentable:

Processes, products, methods, systems, and uses whose announcement, use, or implementation contradicts the legislation, religion, public order, or decency;
Examination, treatment, therapy, and/or surgical methods applied to humans and/or animals;
(deleted)
Living organisms, except microorganisms; or
Biological processes essential for producing plants or animals, except non-biological or microbiological processes.

S H O R T C U T S

Getting Started for Indonesian Applicants