The Minister of Law has issued Minister of Law Regulation No. 6 of 2026 on Patent Registration (“Regulation“), which introduces new requirements, procedures, and expedited mechanisms for patent registration in Indonesia.
Set out below is a summary of the key changes under the Regulation.
Removal of Statement of Ownership Requirement
The Regulation removes the requirement to submit a statement of ownership of the invention, which was previously a mandatory document in patent registration.
Under the Regulation, a patent application must now be supported, among others, by the following documents:
- Patent documents, consisting of the title, description, claims, abstract, and drawings;
- A power of attorney, where the application is filed through an IP consultant; and
- An assignment of the invention from the inventor to the applicant, where applicable.
Late Filing of Priority Right Applications
Previously, a patent application claiming priority rights must be filed within 12 months from the relevant priority date. The Regulation introduces a new mechanism that allows applicants to submit a priority claim after the expiry of the 12‑month period, subject to the payment of an additional fee.
Late filing of a priority claim is permitted provided that the application is submitted no later than four months after the original priority deadline.
New Substantive Examination Procedures
The Regulation introduces three types of substantive examination, each with different timelines and procedural features.
- Regular substantive examination
Under a regular substantive examination, the Directorate General of Intellectual Property (“DGIP“) must issue its decision to grant or reject the patent application within:
- 30 months from the date the applicant files a request for substantive examination; or
- where the request is filed before the end of the publication period, 30 months from the expiry of the publication period.
- Early substantive examination
The Regulation introduces an early substantive examination mechanism intended to expedite the patent registration process. Under this scheme, substantive examination may commence once the required application documents are deemed complete, prior to the start of the publication period.
Under this scheme, the DGIP must issue its decision to grant or reject the patent application within 12 months after the publication period. If any third-party opposition is filed during the publication period, the decision must be issued within 30 months after the publication period.
- Re-substantive examination
The Regulation also introduces a re-substantive examination mechanism, which allows applicants to request that the DGIP re-examine a patent application in certain circumstances, subject to specific time limits. These re-examinations cover:
| Type | Deadline |
|---|---|
| Rejection of patent applications | The request must be submitted no later than nine months from the delivery date of the relevant notice. |
| Amendments to patent specification (including the description, claims, and/or drawings) made after the patent is granted | |
| Patent grant notice | |
| Applications deemed withdrawn | |
| Withdrawal of patent applications | The request must be submitted no later than two months from the delivery date of the relevant notice. |
Commentary
The Regulation introduces greater flexibility into Indonesia’s patent registration framework, particularly through the removal of certain filing requirements and the introduction of expedited and re‑substantive examination mechanisms. These changes may be relevant for applicants seeking faster examination or additional procedural options following rejection or grant, and should be considered when planning patent filing and prosecution strategies in Indonesia.
Contribution Note
This Legal Update is contributed by the listed Contact Partner and Senior Associate Nalendra Wibowo, with the assistance of Associate Achmad Faisal Rachman.
For regional Intellectual Property matters, please see Rajah & Tann Asia’s Regional Intellectual Property Practice for more information.
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