The Government of the Republic of Indonesia has recently enacted the Ministry of Law Regulation No. 6 of 2026 concerning Patent Applications (hereinafter referred to as the “Regulation”), establishing an updated regulatory framework governing the procedural aspects of Patent filings before the Directorate General of Intellectual Property (DGIP). The new regulation represents an important development in Indonesia’s Patent administration, reflecting the government’s continuing efforts to enhance the efficiency, transparency, and legal certainty of the national intellectual property system. Furthermore, the regulation serves as the implementing regulatory framework for the latest amendment to the Patent Law under the Law No. 65 Year 2024 on the Third Amendment of the Law No. 13 Year 2016 on Patents.
From a practical perspective, the regulation introduces a number of procedural refinements and clarifications that are relevant to Patent applicants and practitioners managing Patent portfolios in Indonesia. In particular, the new provisions address several aspects of the Patent application process, including filing formalities, supporting documentation, and administrative procedures before the DGIP. As Indonesia continues to attract increasing levels of technological investment and innovation-driven activity, understanding these regulatory developments will be essential for applicants seeking effective and timely Patent protection in the jurisdiction.
We herewith provide you with the summary of the Regulation for your perusal:
- Minimum Information and Document Requirements for Application
Article 2 of the Regulation stipulates the minimum information required for the submission of a Patent application. These requirements include the following:
a. the date, month, and year of the Application letter;
b. the name, full address, and nationality of the Inventor;
c. the name, full address, and nationality of the Applicant, in the event that the Applicant is not a legal entity;
d. the name and full address of the Applicant, in the event that the Applicant is a legal entity;
e. the name and full address of the Attorney, in the event that the Application is filed through an Attorney;
f. the title of the Invention;
g. the name of the country and the Filing Date of the first Application, in the event that the Application is filed with a Priority Right; and
h. the Patent Cooperation Treaty (PCT) number and the international Filing Date, in the event that the Application is filed based on the Patent Cooperation Treaty.
Furthermore, an application should also be complemented with the following:
a. Title of invention;
b. Description of the Invention;
c. Claims defining the scope of protection sought;
d. Abstract of the Invention;
e. Drawings, where the Application includes drawings necessary for the understanding of the Invention;
f. Power of Attorney, where the Application is filed through a licensed IP attorney/agent;
g. Assignment of Rights to the Invention, where the Application is filed by an Applicant who is not the Inventor;
h. Certificate confirming the status of a micro or small enterprise, educational institution, or government research and development institution, issued by the competent authority, where the Applicant qualifies under such category – however, this only applies to local entity;
i. Certificate of deposit of a microorganism, where the Application relates to a microorganism; and
j. Statement from the Applicant regarding the origin of Genetic Resources and/or Traditional Knowledge, where the Invention involves Genetic Resources and/or Traditional Knowledge.
- Sub Sections and Sequence Listing
a. Field of the Invention
A description and explanation of the technical field to which the Invention relates.b. Background of the Invention
An explanation of the technical background of the Invention, known to the Applicant, is necessary for understanding, searching, and examining the Invention.
This section may also refer to prior documents forming part of the technical background and may include an explanation of the technical advantages and benefits of the Invention compared with existing technologies in the same field.c. Brief Summary of the Invention
A concise explanation describing the embodiment of the Invention and how it may be implemented.d. Brief Description of the Drawings
A short explanation of matters relating to the drawings, where the Application includes drawings.e. Detailed Description of the Invention
A complete explanation of at least one method of carrying out the Invention. Where appropriate, the description may refer to the accompanying drawings and must explain how the Invention can be applied in industry or used in practice, particularly where the nature of the Invention makes it difficult to describe purely in words.f. Sequence Listing
Where applicable, a sequence listing provided in a format compliant with international standards and submitted in Portable Document Format (PDF).
- Both English and Indonesian Translations Must Be Submitted
Article 7 of the Regulation stipulates that in the event that the Patent description is written in foreign languages other than English, the applicant will still be required to provide the English AND Indonesian translations within 30 days from the date of application. There is no extension of time for this submission, and we encourage the applicants to provide the required translations within the deadline.
- National Phase Entry Deadline and Extension
Under Article 37 of the Regulation, a Patent application filed under the Patent Cooperation Treaty (PCT) designating Indonesia must be submitted to the Minister as the receiving authority for the national phase entry within a period of no later than 31 (thirty-one) months, calculated from:
a. the international filing date; or
b. the earliest priority date.
Where an application is submitted after the 31-month time limit, the applicant or their authorized representative may be granted an extension for filing the application, subject to the payment of the applicable fee in accordance with the prevailing regulations governing Non-Tax State Revenue (PNBP) within the Ministry of Law.
The extension of time referred to above may be granted for a maximum period of 3 (three) months from the expiration of the filing deadline, calculated from the international filing date.
Furthermore, an extension may be granted for a maximum period of 12 (twelve) months from the expiration of the filing deadline, calculated from the earliest priority date.
If the application is filed beyond the extension periods referred to above, the application cannot be processed.
- Priority Application Deadline and Extension
Just like PCT, Article 28 of the Regulation allows late submission of an application claiming Priority. A Patent application claiming Priority Right must be filed within 12 months from the priority date. If the application is not filed within the 12 months, it may still be submitted within an additional 4 months after the deadline.
However, filing during this 4-month grace period will require the payment of an additional government fee, in accordance with the applicable Non-Tax State Revenue (PNBP) regulations of the Ministry of Law.
Regardless, the applicant must be in a position to provide the priority document from the priority country within 16 months from the priority date.
- Expedited Publication
While the current publication process is already faster than how it used to be in the past, the Regulation stipulates that an expedited or accelerated publication can be requested. The request can be filed for additional official fees as early as 3 months from the filing date. However, this method is inapplicable if the Patent application is filed using a Priority.
Whereas for Simple Patent (Utility Model), the publication stage is already very short, namely 14 days.
- Early Substantive Examination Request
An early substantive examination request can be filed before the publication stage takes place and as long as all the formality documents have been completed. The examiner is expected to provide a decision to reject or grant within 12 months after the publication period has ended. However, in the event the application receives an opposition during the publication period, the examiner will be given additional time to decide whether the application should be rejected or granted by another 18 months.
- Expedited Substantive Examination
Expedited examination requests through PPH or regional scheme (i.e. ASPEC) are regulated in the Regulation. The applicant is expected to provide the following:
a. a request form for accelerated substantive examination under bilateral cooperation;
b. a claims correspondence table;
c. a copy of the substantive examination results issued by the partner country under the bilateral acceleration cooperation;
d. a copy of cited prior art documents referenced in the substantive examination results of the partner country;
e. a copy of the claims as examined and determined to be allowable/patentable in the partner country; and
f. payment of the prescribed official fee in accordance with applicable laws and regulations.
- Substantive Re-Examination
This is the Regulation’s most important feature. The Regulation stresses another avenue that the applicant can go through before the Appeal stage before the Patent Board of Appeal. Please note that all Substantive Re-Examination requests will be subject to further examinations by the examiners, where they should issue a decision within 12 months from the request.
A Substantive Re-Examination can be filed for the following:
- Rejection of the Application
If a Patent application is rejected, the Applicant has the opportunity to request a substantive re-examination (a second review), particularly where the invention is considered not to meet the patentability requirements under the applicable provisions. To do so, the Applicant (or their attorney) must file a request form containing key details such as the application number, rejection details, inventor and applicant information, and the reasons for requesting the re-examination. This request must also be supported by a written explanation and relevant evidence, and submitted within 9 months from the date of the rejection notice.
If, upon re-examination, the application is found to comply with the Patent requirements, the authority will notify the Applicant. The Applicant is then given a further opportunity to respond within 3 months from receipt of the re-examination result, allowing them to address any remaining issues before a final decision is made.
- Correction of the Description, Claims, and/or Drawings after the Patent has been granted
After a Patent has been granted, the Applicant may request a substantive re-examination to correct the Description, Claims, and/or Drawings. This re-examination is limited to specific issues, such as translation errors, clarifications of unclear or ambiguous content (without expanding the scope of the invention), and editorial or typographical corrections. To request this, the Applicant (or their attorney) must submit a form containing key details (including Patent number, applicant/inventor information, and reasons for the correction), along with a written explanation, supporting evidence, and a Power of Attorney if applicable.
The request must be filed within 9 months from the date of the notification that the Patent has been granted. This mechanism allows patentees to fix errors or improve clarity post-grant, but it cannot be used to broaden the scope of protection.
- Decision to grant the Patent
After a Patent has been granted, the Applicant may request a substantive re-examination of the grant decision to make changes to the Description, Claims, Abstract, and/or Drawings, provided that such changes do not expand the scope of the invention. To file this request, the Applicant (or their attorney) must submit a form containing key details (such as Patent number, applicant/inventor information, and reasons for the request), along with supporting documents including a written explanation, evidence, the original Patent certificate, proof of payment of annual fees, and a Power of Attorney if applicable.
This request must be filed within 9 months from the date of the notification of grant. This mechanism allows patentees to refine or adjust the Patent post-grant, but strictly without broadening its protection scope.
- Withdrawal of the Application
If a Patent application has been withdrawn (as referred to in Articles 54 and 55), the Applicant may still request a substantive re-examination of the withdrawal. To do so, the Applicant (or their attorney) must submit a form containing key details such as the application number, withdrawal notification details, applicant and inventor information, and the reasons for requesting the re-examination.
This request must be filed within 2 months from the date of withdrawal, making it a very short and strict deadline. This mechanism provides a limited opportunity to reverse or challenge a withdrawal, but requires prompt action and proper justification.
- Deemed withdrawal
An application that has been deemed withdrawn due to various reasons, including the failure to provide formalities documents, can be reinstated through the re-examination procedure. The request must be filed within 9 months from the date of notification of the application deemed withdrawn.
- Further Legal Remedies
Article 131 of the Regulation stresses further legal remedies in the form of re-examination which can be taken. For instance, grant/refusal of application after examination (Article 73), grant/refusal of application after early examination (Article 81), and grant/refusal of simple Patent application (Article 90).
Furthermore, Article 131 Para (2) stipulates the deadline for the aforementioned actions to the Patent Board of Appeal will be 9 months from the decision of substantive examination, early substantive examination, or re-examination. Should the appealant is not satisfied with the outcome, a further action can be filed before the Court of Commerce within 3 months from the decision of the Patent Board of Appeal.
Should you have further questions regarding Indonesia’s New Patent Application Regulation, feel free to contact us through the following channels and get a FREE 15-minute consultation:
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About AFFA:
Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
