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Indonesia has issued a comprehensive overhaul of its patent application framework. Signed on 13January 2026 and promulgated on 23 February 2026, Ministerial Regulation No. 6of 2026 on Patent Application (Permenkum 6/2026) replaces the prior regime under Ministerial Regulation No. 38 of 2018.

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The regulation consolidates and updates procedures across the full lifecycle of Indonesian patent prosecution from initial filing through substantive examination, re-examination, and certificate issuance.

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Expanded Definition of Patentable Inventions

The most significant substantive change is an expansion of the definition of "Invention". Under the prior rules, an invention was defined as an idea of an inventor in the field of technology for a product or process, or an improvement or development thereof. Permenkum 6/2026 adds systems, methods, and utilisations to that list. The practical effect is to explicitly bring a broader category of technical contributions, including software-implemented methods and system-level innovations, more squarely within the scope of Indonesian patent protection.

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Application Requirements and Documentation

All applications must be submitted in Indonesian language. Electronic filing through the Directorate General of Intellectual Property's official website is now mandatory. Counter assistance at the Directorate General or Regional Offices is available to support the electronic submission process but does not constitute a standalone non-electronic filing route. Foreign applicants without Indonesian domicile must file through a locally domiciled IP attorney.

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The core application package follows international norms: title, description, claims, abstract, and drawings where applicable. Where the description is originally drafted in a language other than Indonesian or English, applicants must submit translations into both Indonesian and English within 30 working days of the local filing date.Descriptions filed in English require only an Indonesian translation within the same period. Failure to provide the required translations results in the application being deemed withdrawn. Several further requirements and changes deserve particular attention.

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Genetic Resources and Traditional Knowledge. Where an invention is derived from or utilises genetic resources and/or traditional knowledge, the applicant must submit statement disclosing the origin of those resources. This information is recorded and announced publicly. Accuracy of the disclosure is the applicant's responsibility.

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Microorganism applications.Applications involving microorganisms must attach proof of deposit with a recognised storage institution such as either an institution recognised under the Budapest Treaty or an Indonesian body that guarantees viability throughout the protection period.

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MSMEs and research institutions. Locally domiciled micro or small enterprises, educational institutions, and government research and development bodies must submit a certificate from an authorised agency to access applicable reduced fee structures. This requirement does not apply to foreign applicants.

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Declaration of Invention removed. The requirement to file a Statement of Declaration of Invention has been removed. Where an applicant cannot obtain an executed Assignment of Invention from the inventor, acceptable alternatives now include a letter of authorisation, evidence of employment, or a statement from the employer confirming entitlement.

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Formal Requirements: Descriptions, Claims, and Abstracts

Descriptions are capped at 30pages; pages in excess attract an additional fee. Claims are set at a baseline of 10; excess claims require payment at the time of filing. The abstract must not exceed 200 words. The description, claims, and abstract must comply with prescribed formatting standards, including Courier New size 12 font, A4 paper,and specified margin dimensions.

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Priority Rights and PCT Filings

Priority applications must be filed within 12 months of the priority date. A late-filing window of a further four months is available upon payment of a prescribed fee. Priority documents must be provided within 16 months from the priority date.

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For applications filed under the Patent Cooperation Treaty, Indonesia functions both as a Receiving Office and as a Designated/Elected Office. National phase entry for PCT applications designating Indonesia falls due within 31 months from the international filing date or earliest priority date, with extensions of up to three or 12 months available depending on the basis of entry.

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Applicants should note that an application claiming priority rights must be of the same type as the priority application, i.e., a regular patent or simple patent, and that type cannot subsequently be changed.

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Examination Timelines

Administrative examination must be completed within 14 working days of receipt. Applicants have three months to remedy any deficiencies notified, with a possible two-month extension. Failure to remedy within the permitted periods results in the application being deemed withdrawn, though a six-month re-filing window is available.

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A request for substantive examination must be filed no later than 36 months from the effective filing date of the application. Substantive examination itself is to be completed within 30 months. Applicants who receive examination results have three months to respond, with an additional two months available by request and a further one-month extension upon payment.

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Early Substantive Examination

The regulation formalises an early substantive examination track. Available before publication, after administrative requirements are satisfied, this pathway attracts an additional fee and is designed to accelerate decisions. Under this mechanism, the Minister issues a decision within 12 months of the end of the notification period or extended to 30 months where third-party objections have been received.

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Simple Patents

Simple patents follow an accelerated schedule throughout: administrative examination within five working days; announcement within 14 days of the local filing date; a 28-day deficiency remedy period; and a substantive examination decision within six months of the local filing date. The substantive examination request is filed simultaneously with the application. Simple patents cover a single invention and are assessed against a standard encompassing novelty, development of an existing product or process, practical usefulness, and industrial applicability.

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Substantive Re-examination and Legal Recourse

The regulation establishes a structured re-examination mechanism covering rejected applications, corrections to descriptions or claims after grant, and deemed-withdrawn applications.Re-examination applications are generally subject to a nine-month deadline from the relevant trigger date, with a shorter two-month window for applications that have been voluntarily withdrawn. The Minister must issue a re-examination decision within 12 months of receipt.

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Legal appeals may be filed with the Patent Appeal Commission within nine months of the substantive examination or re-examination decision. Decisions of the Appeal Commission may be challenged before the Commercial Court within three months.

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Practical Considerations

Permenkum 6/2026 reflects Indonesia's continued alignment with international IP norms, particularly in its treatment of genetic resources and traditional knowledge, PCT integration,and structured re-examination pathways. For domestic innovators, multinational corporations, and regional portfolio holders alike, the practical implications centre on tighter procedural deadlines and additional disclosure obligations that require careful preparation at the drafting stage.

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Voyage IP monitors regulatory developments across Southeast Asia as part of its regionally integrated prosecution practice. Applicants with active Indonesian portfolios or new filings under consideration are encouraged to review their current filing strategies in light of these changes.

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Voyage IP is an independent intellectual property consultancy with offices in Singapore and Hong Kong, specialising in patent and trade mark prosecution across Southeast Asia.

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