A Practical Guide to the Indonesian Patent System | A Patent Attorney’s Comprehensive Explanation of the DGIP, Two-Tier Protection, the 2024 Amendment, and the Commercial Court

Key Points of This Article

• The core legislation consists of the 2016 Patent Act + the 2024 Amendment Act + the 2026 New Regulations. Computer-implemented inventions (CII) are explicitly excluded from exclusion.
• A two-tier structure consisting of standard patents (Paten) and simplified patents (Paten sederhana). Simplified patents are granted within 1–2 years under the accelerated system implemented since 2021
• Requests for substantive examination of standard patents must be filed within 36 months of the filing date; a decision must be rendered within 30 months of the request’s acceptance
• While it is possible to secure a filing date using a foreign-language specification, an Indonesian translation must be submitted within 30 days
• 12-month grace period (for academic presentations, trade shows, leaks due to breach of confidentiality, etc.)
• Disputes are exclusively handled by the Commercial Court (Pengadilan Niaga). First-instance judgment within 180 days; no appeal, only direct appeal (kasasi)
• The 2024 amendment mandates a report on implementation status by the end of the year (Art. 20A). Separate docket management from annuity filings is required
• Case law tends to indicate that “the outcome is determined by the parties’ design rather than technical arguments.” Be cautious of omissions regarding co-inventors, the DGIP, and foreign manufacturers

INDONESIA PATENT

A comprehensive guide to the patent system and practice in Indonesia, ASEAN’s largest market, written by a patent attorney. Updated to reflect the 2024 amendments and 2026 regulations. This book systematically explains 12 key areas, from DGIP applications and the two-tier protection system to the enforcement of rights in the Commercial Court.

Table of Contents

1. Executive Summary
2. Legal Sources and the Impact of the 2024 Amendment
3. The Two-Tier Structure of Standard and Simplified Patents
4. Application Procedures (Languages, Required Documents, PCT)
5. Standard Process and Key Deadlines
6. Publication, Third-Party Comments, and Request for Substantive Examination
7. Estimated Fees (PP 45/2024)
8. Patent Trial and Appeal Board and Commercial Court
9. Infringement Litigation, Injunction, and Damages
10. Maintenance and Reporting on Use (Art. 20A)
11. Major Case Law (Garuda/Nokia/Firstwave)
12. Practical Checklist for Japanese Companies

Four Key Points to Keep in Mind for Indonesian Patent Practice

1. The choice between a standard patent and a simplified patent at the time of filing is decisive. If speed is a priority, opt for a simplified patent (grant within 1–2 years).
2. Claim drafting should avoid describing the "business method itself" and instead emphasize technical features and technical effects. Distinguishing between CII claims is crucial
3. Disputes are heard in the Commercial Court (5 branches: Jakarta, Medan, Semarang, Surabaya, and Makassar). Judgments are rendered within 180 days; only kasasi (appeal) is available
4. Under case law, many lawsuits are dismissed due to the non-inclusion of co-inventors, the DGIP, or foreign manufacturers. The composition of the parties is a hurdle that must be cleared before technical arguments can even begin

Positive Amendments (in Favor of Rights Holders)

• Expansion of the definition of “invention (Invensi)”: Now includes not only products and methods but also improvements, developments, systems, and uses
• Computer-Implemented Inventions (CII) explicitly excluded from the scope of exclusion
• Extension of the grace period to 12 months (for academic presentations, thesis examinations, trade shows, and disclosures due to breaches of confidentiality, etc.)
• Introduction of Early Substantive Examination (PSA)

Negative Amendments (Strengthened Compliance)

• Article 20A: New requirement for annual reports on implementation status (due by the end of each year)
• Codification of additional fees for claims exceeding 10
• Explicitly stipulates that foreign residents must appoint a local agent in appeals against grant decisions

Caution Required in the Pharmaceutical and IT Sectors

• Anything contrary to laws, religion, public order, or public morals
• Methods of diagnosis, treatment, or surgery for humans or animals (inventions relating to medical products are acceptable)
• Essentially biological processes for the production of organisms (excluding microorganisms), plants, or animals
• Aesthetic creations, business schemes, mental activities, games, business methods as such, and the presentation of information
• Scientific and mathematical theories; mere computer programs (CII is treated separately)

Strategic Utilization: Under the 2021 amended regulations, the simplified patent process is extremely fast: 5 days for formal examination, 14 days for publication, commencement of substantive examination within 2 months, and a decision within 6 months. A two-tier approach—using simplified patents for short-term, high-stakes cases and standard patents for core technologies—is effective. However, the 14-day publication period leaves very little time for monitoring and preparing counterarguments, so constant coordination with a local agent is essential.

• Application form, specification, claims, abstract, drawings (if necessary)
• POA (Power of Attorney): Required if filing through an agent
• Documentation of assignment of rights from the inventor to the applicant (if the applicant is not the inventor)
• Priority documents: When claiming Paris Convention priority
• Certificate of Microbial Deposition: For biotechnology-related inventions
• GRTK Statement of Origin: When utilizing genetic resources or traditional knowledge (in compliance with Rule 2026)
• ST.26-compliant sequence listing: Inventions containing nucleic acid or amino acid sequences

*Note: Under the 2026 Rules, a "Declaration of Ownership by the Inventor" is no longer required. Do not simply copy the standard Japanese set; it is essential to verify local forms.

Key Points of the Diagram: The process branches at two decision points (fulfillment of minimum requirements / whether it is a standard patent). While the standard patent track proceeds through publication → third-party comments → substantive examination, the simplified patent track compresses the formal examination, publication, and substantive examination phases, resulting in a decision approximately six months from the filing date. Both tracks converge at registration, and after registration, dual docket management is required for annual fees and the Art. 20A implementation status report.

Options for Accelerating Grant

• PSA (Early Substantive Examination): Apply after acceptance of the application and before publication. A decision is made within 12 months after publication if no third-party opinions are filed, or within 30 months if opinions are filed.
• CS&E Pilot (Singapore × Indonesia): No additional fees until January 1, 2027. Requires a patent specification with a maximum of 20 claims and no more than 3 independent claims
• In a Southeast Asian expansion strategy, it is realistic to bring a prior grant from Singapore into Indonesia

Commercial Court’s Ultra-Short Schedule

• Hearing date set within 14 days of filing
• Hearing commences within 60 days
• First-instance judgment within 180 days
• No appeal against the judgment; only immediate appeal to the Supreme Court (kasasi)
• 14 days to file a petition for kasasi / 14 days to file a statement of grounds / Supreme Court decision within 180 days

Time management is extremely strict compared to patent litigation in Japan. Evidence and expert reports must be prepared before filing the lawsuit.

Remedies available in the Commercial Court

• Injunctions (provisional/permanent): The speed of proceedings in cases such as the Nokia case has drawn attention
• Damages: 1 billion rupiah awarded in the Firstwave case
• Destruction and Confiscation of Infringing Products
• In process patents, the burden of proof shifts when the product is a new product
• Closed hearings may be ordered to protect confidential processes

Criminal proceedings are a last resort: Official DGIP guidelines state that mediation between the parties should be attempted before pursuing criminal charges for patent or simplified patent infringement. In practice, it is safest to follow the sequence of warning letter → civil injunction and evidence collection → criminal proceedings if necessary. It is reasonable to treat the customs record system as primarily focused on trademarks and copyrights, with patents excluded. The Commercial Court route is the standard path for patent infringement.

New compliance requirement often overlooked by foreign companies: Article 20A, newly established under the 2024 amendment, requires patent holders to notify the Minister of Law by the end of each year of a declaration regarding the implementation of the patent in Indonesia. It is necessary to manage the annuity docket and the implementation status report docket separately. A system is essential to ensure that the legal department can access internal information such as the start dates of manufacturing, importation, licensing, and sales, as well as the locations of implementation.

Pre-filing

• Choosing between standard and simplified patent routes (opt for simplified if speed is a priority)
• In claim drafting, avoid “business methods per se” and emphasize technical features and technical effects
• Confirm whether there have been academic presentations or trade show exhibitions to determine eligibility for the 12-month grace period
• Pre-confirm whether GRTK applies, whether microbial deposit is required, and whether a Schedule 26 list is necessary (Rule 2026)
• If filing concurrently in Singapore, verify compliance with the CS&E Pilot’s claim limit (20/3)

During Prosecution

• If the specification is in a foreign language, finalize the Indonesian translation within 30 days
• For standard patents, file a request for substantive examination within 36 months of the filing date (to avoid deemed withdrawal)
• For simplified patents, establish a monitoring system with a local agent starting 14 days after publication
• Prepare a 30-day rebuttal to third-party comments

Post-Registration (Maintenance / Enforcement)

• Manage the first annuity payment (within 6 months of certificate issuance) and the annual status report (Art. 20A) on separate dockets
• Create a diagram of the parties (co-inventors, DGIP, and foreign manufacturers) prior to infringement litigation (omissions risk dismissal of the suit)
• For technical cases, secure expert witnesses, contracts, and specifications prior to filing
• The Commercial Court issues a ruling within 180 days, followed only by kasasi (appeal). Finalize the evidence strategy before filing the lawsuit

Consultation on Indonesian Patent Applications

EVORIX Intellectual Property Office provides comprehensive support for patent applications and enforcement in major ASEAN countries, including Indonesia. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, handle everything from selecting between standard and simplified patents, utilizing the PCT direct route, Paris Convention priority, and the CS&E Pilot Program, to responding to infringement cases in commercial courts and filing Art. 20A implementation reports.

Go to the Inquiry Form → View the Consultation Process

▼ Primary Legislation

• Law No. 13 of 2016 on Patents (2016 Patent Law)
• Law No. 65 of 2024 (Amended Patent Law of 2024)
• Ministry of Law and Human Rights Regulation No. 6 of 2026 (2026 Patent Application Implementation Regulations)
• Government Regulation No. 45 of 2024 (Government Regulation on Fees, effective December 17, 2024)
• Ministry of Law and Human Rights Regulation No. 39/2018 (Regulations on Compulsory Licensing)

▼ Official Sources

• DGIP (Directorate General of Intellectual Property): dgip.go.id
• WIPO Lex (Indonesia IP Laws Database): wipo.int/wipolex
• WIPO PCT Applicant's Guide Indonesia: wipo.int/pct
• ASEAN IP Portal: aseanip.org
• IPOS-DGIP CS&E Pilot Official Guide (Singapore-Indonesia Examination Cooperation)

▼ Major Case Law

• PT Garuda Indonesia v. Bagus Tanuwidjaja (Supreme Court 09/K/N/HaKI/2007)
• Lintas Promosi Global v. Karta Indonesia Global (Supreme Court 802 K/Pdt.Sus-HKI/2019)
• Indra Mustakim v. Sukianto (Supreme Court 167 K/Pdt.Sus-HKI/2017)
• Nokia Technology OY v. Oppo/Realme (Supreme Court 1849 K/Pdt.Sus-HKI/2022)
• Firstwave Technology v. Panca Karsa/Sawit Kaltim (Supreme Court 1130 K/Pdt.Sus-HKI/2021)

▼ International Agreements

• Paris Convention (Indonesia acceded in 1950)
• PCT (Patent Cooperation Treaty)
• TRIPS Agreement (Indonesia acceded in 1995)
• RCEP (Entered into force in 2022)
• IJEPA (Japan-Indonesia Economic Partnership Agreement; entered into force in 2008)