On 28 August 2026, Indonesia’s Constitutional Court issued Decision No. 255/PUU-XXIII/2025, reinstating Article 4(f) of the Patent Law and its explanatory provisions, which Law No. 65 of 2024 had previously omitted. The decision restores the exclusion from patentability of new uses of existing or known products, including new medical indications (second medical use). It also reinstates restrictions on new forms of existing compounds that do not significantly enhance efficacy.
As a practical implication, pending applications should be assessed in light of the reinstated Article 4(f), including those filed since Law No. 65 of 2024 took effect on 28 October 2024.
Patents granted before the decision was pronounced are not automatically revoked. Their validity may still be challenged through the legal procedures available under the Patent Law, subject to the applicable grounds, requirements, and deadlines.
We urge patent applicants who are impacted by this Constitutional Court decision to review their portfolio and assess the viability of protection in Indonesia.
Should you need further information on this new Patent regulation, contact us through any of the channels below and get a FREE 15-minute consultation:
📩 E-Mail : [email protected]
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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.
