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General 20. April 2026 · 4 min read

New Patent Regulation in Indonesia 2026: Faster Procedures and Expanded Protection

On January 13, 2026, Indonesia’s Ministry of Law issued Regulation No. 6 of 2026 on Patent Applications, which took effect on February 23, 2026. The reform implements the overarching Law No. 65 of 2024 and is expected to reduce the average time from filing to grant from roughly two years to approximately 7–12 months. For European — and especially German — applicants, the new framework offers significant strategic advantages when seeking patent protection in Southeast Asia.

Background of the Reform

In recent years, the Indonesian Patent Office (DGIP) has faced sharply rising filing volumes and substantial backlogs, leading to delays particularly at the substantive examination stage. The new regulation aims to eliminate these bottlenecks through a more streamlined administrative framework while closing gaps in previous provisions. At the same time, it consistently aligns Indonesian procedures with the objectives of Law No. 65/2024.

Key Changes at a Glance

Applications filed on or after February 23, 2026 must comply with the new requirements.
All patent applications must be filed electronically via the online filing system.
The concept of “invention” has been redefined and expanded.
Early publication is available as early as three months from the filing date.
Early substantive examination before publication and the third-party observation period is now possible.
Introduction of the Repeat Substantive Examination as a new administrative remedy.

1. New Definition of “Invention”

Under Article 1.2 of Law No. 65 of 2024, an invention is now defined as an idea embodied in a technological solution, covering products, processes, improvements, as well as systems, methods, and uses. This broader definition opens up new protection opportunities particularly in pharmaceuticals, biotechnology, and technology, encompassing additional applications of known substances and clarifying protection for software-based and digital innovations. The more precise wording is also intended to reduce inconsistencies in interpretation among different examiners.

However, the wider definition may also lead to stricter scrutiny during substantive examination, making consultation with a local patent agent advisable — particularly for emerging subject matter.

2. Accelerated Publication and Examination

Early Publication

Applicants may now request publication as early as three months from the filing date, rather than waiting for the standard 18-month period.

Early Substantive Examination

In addition to existing acceleration mechanisms such as ASPEC and the PPH pilot programs with Japan and Korea, substantive examination may now commence prior to publication. This effectively bypasses both the 18-month publication period and the subsequent 6-month third-party observation phase. The mechanism is particularly advantageous for pharmaceutical and biotechnology companies that rely on timely regulatory approval, as well as for applicants seeking near-term commercialization.

3. Repeat Substantive Examination – The New Remedy

As a genuine innovation, Regulation No. 6/2026 introduces the Repeat Substantive Examination, which is broadly available across the lifecycle of a patent application — including refused applications, granted patents, and even withdrawn applications. Whereas applicants previously had to pursue time-consuming and costly formal appeals to challenge a refusal, this new mechanism enables a more efficient administrative re-assessment.

Matter	Filing deadline	Decision period	Remark
Refused application	Within 9 months from notification	Within 12 months from official receipt	Scope of protection must not be broadened
Grant decisions	9 months	12 months	No extension available
Post-grant corrections	9 months	12 months	—
Applications deemed withdrawn	9 months	12 months	—
Withdrawn applications	Within 2 months from notification	12 months	—

Practical Recommendations for Applicants

Prepare for electronic filing: The mandatory online submission requires adapted internal workflows.
Leverage acceleration options strategically: Early substantive examination is worthwhile for market-critical technologies.
Review deadline management: The new 2- and 9-month deadlines cannot be extended.
Engage local representation: Implementing provisions, forms, and fee schedules are partially still pending.

Outlook

Although Regulation No. 6 of 2026 is already in force, the Indonesian Patent Office has not yet fully released the relevant forms, fee schedules, and implementing provisions for these new measures. Applicants should monitor developments closely in order to make optimal use of the new acceleration tools and remedies as soon as they become available.