Background of the New Patent Regulation
Indonesia has taken another step toward strengthening its intellectual property framework with the issuance of Minister of Law Regulation No. 6 of 2026 on Patent Applications. The new regulation introduces several important updates to the patent application procedure and reflects the government’s broader efforts to modernize intellectual property services and support innovation-driven economic growth.
The regulation replaces the previous framework established under Minister of Law and Human Rights Regulation No. 38 of 2018 on Patent Applications, as amended by Minister of Law and Human Rights Regulation No. 13 of 2021.
Among the most notable developments is the introduction of mechanisms aimed at accelerating the patent application process, including a faster publication timeline and the possibility of early substantive examination. These reforms are expected to improve procedural efficiency and provide greater certainty for inventors and businesses seeking patent protection in Indonesia.
The Importance of Efficient Patent Protection
Patents grant inventors exclusive rights over their technological inventions for a limited period of time. These rights allow patent holders to commercially exploit their inventions or license them to third parties.
For technology companies, research institutions, and innovation-driven businesses, patent protection plays a critical role in:
- securing legal protection for inventions,
- enhancing the commercial value of technological developments,
- preventing unauthorized use by competitors, and
- facilitating licensing and investment opportunities.
However, patent registration procedures have traditionally required a relatively lengthy process. For fast-moving industries, delays in obtaining patent protection may affect commercialization strategies and competitive positioning.
Recognizing this challenge, the Indonesian government has introduced procedural improvements under Regulation No. 6 of 2026 to accelerate the patent application process.
Introduction of the “Patent Express” Mechanism
One of the key innovations introduced by the new regulation is an accelerated publication mechanism often referred to as “patent express.”
Under the previous regulatory framework, patent applications were typically published no earlier than six months after the filing date. Publication serves an important function within the patent system, as it informs the public of pending patent applications and allows third parties to submit observations or objections.
Under Minister of Law Regulation No. 6 of 2026, patent applications may now be published as early as three months from the filing date, subject to an acceleration request and the payment of additional fees.
This accelerated publication mechanism provides applicants with greater flexibility and may significantly shorten the timeline toward substantive examination.
Key Regulatory Changes: A Comparative Overview
The following sections highlight several important differences between Minister of Law Regulation No. 6 of 2026 and the earlier regulations governing patent applications.
1. Ministry Nomenclature Adjustment
The earlier regulations referred to the Ministry of Law and Human Rights of the Republic of Indonesia as the responsible authority.
Minister of Law Regulation No. 6 of 2026 adopts the updated nomenclature Ministry of Law of the Republic of Indonesia, reflecting institutional restructuring introduced under Presidential Regulation No. 155 of 2024.
Although primarily administrative, this change ensures consistency with the current governmental structure.
2. Mandatory Electronic Filing
Under the previous regulations, patent applications could be filed either electronically or through non-electronic submission.
Minister of Law Regulation No. 6 of 2026 introduces a stricter requirement:
- patent applications must be submitted electronically, and
- non-electronic submissions are only permitted in limited situations, such as assistance programs for applicants requiring guidance.
This measure reflects Indonesia’s broader policy of digitalizing government services and improving administrative efficiency.
3. Clearer Regulation of Patent Claims
Another notable development concerns the number of claims permitted in a patent application. The earlier regulations did not explicitly establish a maximum number of claims. Applicants exceeding certain thresholds were simply required to pay additional fees.
Under Minister of Law Regulation No. 6 of 2026:
- a patent application may include up to 10 claims, and
- additional claims are permitted subject to additional fees.
This clarification provides greater transparency and cost predictability for applicants.
4. Accelerated Publication of Patent Applications
Under the previous framework: patent applications could be published no earlier than six months after the filing date.
Under the new regulation: publication may occur as early as three months after the filing date through an acceleration mechanism.
This change introduces greater flexibility for applicants seeking to move forward with the patent examination process more quickly.
5. Early Substantive Examination
Minister of Law Regulation No. 6 of 2026 also introduces the possibility of early substantive examination. While the earlier regulations did not specifically provide such a mechanism, the new framework allows applicants to request substantive examination at an earlier stage, subject to additional fees.
This option may significantly shorten the time required to obtain a patent decision.
6. Re-examination Mechanism
Another important development under Minister of Law Regulation No. 6 of 2026 is the introduction of a more structured framework for re-examination of substantive examination results. Article 91 of the regulation specifies five circumstances under which re-examination may be requested.
This provision introduces a more comprehensive legal mechanism within the Indonesian patent system and may provide additional procedural safeguards for applicants.
7. Support for MSMEs and Research Institutions
The new regulation also introduces facilitative provisions for certain categories of applicants, including:
- Micro, Small, and Medium Enterprises (MSMEs),
- educational institutions, and
- government research and development institutions.
These measures are designed to encourage greater participation in the patent system and to support the commercialization of research and innovation originating from academic and public research sectors.
8. Simplification of Formality Documents
Ministry of Law Regulation No. 6 of 2026 also introduces a simplification of the formality requirements for patent applications. One notable change is the removal of the obligation to submit a Statement of Invention Ownership, which under the previous regulation was a mandatory document. This document is no longer required for convention patent applications, PCT national phase applications, and/or utility model (simple patent) applications.
This provision provides greater convenience for applicants in fulfilling the requirements for filing patent applications. As the document is no longer required, it is thereby simplifying and streamlining the administrative process.
Implications for Indonesia’s Innovation Ecosystem
Overall, Minister of Law Regulation No. 6 of 2026 represents a significant step toward modernizing Indonesia’s patent application framework.
Key implications include:
- faster processing timelines for patent applications,
- improved administrative efficiency through digitalization,
- greater transparency in application costs, and
- stronger support for research-driven innovation.
These reforms are expected to enhance the attractiveness of Indonesia’s patent system for both domestic and international innovators.
The introduction of Minister of Law Regulation No. 6 of 2026 on Patent Applications marks an important development in Indonesia’s intellectual property landscape.
Compared with the earlier regulations, namely Minister of Law and Human Rights Regulation No. 38 of 2018 and its amendment under Minister of Law and Human Rights Regulation No. 13 of 2021, the new regulation introduces several improvements aimed at accelerating the patent application process and enhancing procedural clarity.
By implementing measures such as mandatory electronic filing, accelerated publication, early substantive examination, and clearer rules on patent claims, the regulation seeks to create a more efficient and innovation-friendly patent system.
For inventors, research institutions, and businesses operating in Indonesia, understanding these regulatory developments will be essential in navigating the evolving patent protection framework
