For practitioners involved in patent filing, registration, and enforcement in Indonesia, this guide focuses on the 2016 Patent Law (Law No. 13/2016), the 2024 Amendment (Law No. 65/2024), and the 2026 New Regulations (Permenkum No. 6/2026), covering the operations of the DGIP (Directorate General of Intellectual Property),the two-tier structure of standard and simplified patents, PCT national phase entry, enforcement in commercial courts, the new reporting obligation established in 2024, the 12-month grace period, and the CS&E pilot program with Singapore. Drawing on key case law such as Garuda, Nokia, and Firstwave, a patent attorney will provide an explanation tailored for Japanese companies.
Key Points of This Article
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.
Indonesia’s patent system employs a two-tier structure consisting of standard patents (Paten) and simplified patents (Paten sederhana), with the primary legal basis being the 2016 Patent Law(Law No. 13/2016). However, the 2024 Amendment (Law No. 65/2024) introduced significant changes with major practical implications, including the expansion of the concept of invention, the codification of computer-implemented inventions, the extension of the grace period, and the introduction of the report on the status of implementation. The 2026 New Application Regulations (Permenkum No. 6/2026) are the latest implementing regulations.
Four Key Points to Keep in Mind for Indonesian Patent Practice
| Layer | Statutes | Role |
|---|---|---|
| Framework Law | Law No. 13/2016 on Patents | Fundamentals of Protection, Requirements, Rights, and Dispute Resolution |
| Amended Law | Law No. 65/2024 (2024 Amendment) | Codification of CII, Extension of Grace Period to 12 Months, Introduction of Implementation Reports, Expansion of the Authority of the Komisi Banding |
| New Implementing Regulations | Permenkum No. 6/2026 (2026) | Replaces the 2018 Regulation and the 2021 Amendment. Document Forms, GRTK Statement of Origin, ST.26 Schedule |
| Fee Schedule | PP No. 45/2024 (Effective December 17, 2024) | Basis for current fees for application fees, examination fees, annuities, etc. |
Positive Amendments (in Favor of Rights Holders)
Negative Amendments (Strengthened Compliance)
Caution Required in the Pharmaceutical and IT Sectors
In Indonesia, two types of protection systems coexist within a single "Patent Law." It is possible to choose the appropriate system based on the characteristics of the technology, its lifecycle, and the need for speed.
| Item | Standard Patent (Paten) | Simplified Patent (Paten sederhana) |
|---|---|---|
| Subject Matter | Technical inventions (product/process/system/use) | Improvements to existing products or processes |
| Requirements for Inventive Step | Required | Not required (novelty and improvement only) |
| Substantive Examination | Required (request must be filed within 36 months of the filing date) | Available (Request at the time of filing is the standard practice) |
| Term of Protection | 20 years from the filing date | 10 years from the filing date |
| Publication period | 6 months | 14 days (very short) |
| Term of protection | Usually 3–5 years | 1–2 years |
| Number of claims | A single group of inventions; a surcharge applies for more than 10 | Only 1 invention |
| Typical use cases | Core technology, long-term protection, infringement litigation | Minor improvements, short lifecycle, countermeasures against counterfeits |
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.
Applications must generally be filed in Indonesian. While it is possible to secure a filing date using a foreign-language specification, the application will be deemed withdrawn if an Indonesian translation is not submitted within 30 days of the filing date. Even if you need to file urgently before finalizing the English draft in Japan, you should confirm the local translation schedule before filing.
*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.
| Item | Direct Filing | Paris Convention Priority | PCT National Phase |
|---|---|---|---|
| Deadlines | At any time | Within 12 months from the priority date | In principle, within 31 months from the priority date (check the latest regulations) |
| Translation | In principle, Indonesian | Same as above / Foreign languages accepted + 30 days for translation | Indonesian translation at the time of transition |
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.
In Indonesia, the core system is the third-party comment system during publication, rather than an independent patent opposition system like Japan’s. For standard patents, the publication period is 6 months, and for simplified patents, it is 14 days; during this period, third parties may submit comments or arguments equivalent to opposition. The DGIP utilizes these as additional material for substantive examination. The applicant may file a rebuttal within 30 days of notification.
Options for Accelerating Grant
Current fees are based on PP No. 45/2024 (effective December 17, 2024), which replaces the previous PP No. 28/2019. Please be sure to check the latest version of the individual fees listed in the appendix to this decree on the DGIP electronic filing screen at the time of application.
| Fee Item | Basis | Practical Note |
|---|---|---|
| Application Fee | PP 45/2024 | Differs between standard patents and simplified patents |
| Fee for adding more than 10 claims | Amended Act of 2024 §24(2a) | Claim count directly impacts costs |
| Fee for Requesting Substantive Examination of a Standard Patent | Patent Act §51 | Risk of Expiration Due to Non-payment Must Be Managed |
| Fee for Request for Simplified Substantive Examination | 2021 Amended Regulations | Budget based on simultaneous filing |
| Annuities | Patent Act §126 and §128 | Based on the filing date. Fees increase in the latter half |
| Grace Period Surcharge | Patent Act §126(4) | 100% surcharge on unpaid annual fees |
| Annual fee reduction | DGIP Official | Educational institutions and government research institutions may apply for a 10% reduction or Rp0 |
An administrative appeals body. It handles appeals against rejection decisions, appeals against post-registration amendments, and appeals against grant decisions. The panel consists of an odd number of members (at least three), including an examiner who did not conduct the substantive examination of the case in question.
| Items | Deadline |
|---|---|
| Filing of an Appeal Against a Rejection Decision | Within 3 months of the issuance of the notice |
| Commencement of Committee Review | Within one month of acceptance |
| Trial Regarding Grant Decision | Foreign residents must have a local representative (codified in the 2024 amendment) |
The judicial forum for patent disputes. Exclusive jurisdiction lies with the Commercial Court, not the general courts. Five courts are established nationwide (Jakarta, Medan, Semarang, Surabaya, and Makassar). If one party resides abroad, the case is heard by the Central Jakarta Commercial Court.
Commercial Court’s Ultra-Short Schedule
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
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.
After the grant decision, the Minister issues a notification, and the patent certificate is issued within two months. The first annuity must be paid within six months of the certificate’s issuance and covers the annuities from the filing year through the registration year, plus the following year (be careful not to overlook this based on Japanese practice). Thereafter, payments are due annually by one month prior to the filing date. In case of delay, a six-month grace period applies, plus a 100% surcharge. If payment remains unpaid, the patent is revoked and cannot be reinstated unless a Commercial Court issues a judgment.
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.
Only about one patent infringement lawsuit is accepted in Indonesia each year. While the number of cases is low, the key issue in these precedents tends to be that “the outcome is decided by the structure of the lawsuit rather than technical arguments.” The importance of strategic planning by the parties is even higher than in Japan.
| Case | Issues | Practical Implications |
|---|---|---|
| PT Garuda v. Bagus Tanuwidjaja Supreme Court 09/K/N/HaKI/2007 |
Patent revoked due to lack of novelty and classification as a business method regarding an online payment system | In FinTech and e-commerce cases, the key issue is whether a business model can be translated into a technical invention |
| Lintas Promosi v. Karta Indonesia, Supreme Court 802 K/Pdt.Sus-HKI/2019 |
Failure to Include Co-Inventors in Summary Patent Invalidity Proceedings → Action Dismissed | Identification of co-inventors and co-owners is mandatory prior to invalidation proceedings |
| Indra Mustakim v. Sukianto, Supreme Court 167 K/Pdt.Sus-HKI/2017 |
Invalidity lawsuit becomes problematic due to DGIP’s non-joinder | If seeking correction of the registry, be sure to consider the DGIP’s legal standing |
| Nokia v. Oppo/Realme (Importers) Supreme Court 1849 K/Pdt.Sus-HKI/2022 |
Failure to Include Chinese Manufacturer in SEP Infringement Case → Action Dismissed | For Import Infringement, File a Lawsuit After Mapping Out the Entire Chain of Manufacturers, Licensees, Importers, and Sellers |
| Firstwave v. Panca Karsa/Sawit Kaltim, Supreme Court 1130 K/Pdt.Sus-HKI/2021 |
Patent infringement found in the hydraulic system of a palm oil sterilization device. 1 billion rupiah in damages + permanent injunction | In technology cases, expert witnesses, contracts, and specifications determine the outcome. “Product analysis alone” is insufficient |
Pre-filing
During Prosecution
Post-Registration (Maintenance / Enforcement)
The Indonesian patent system has expanded in scope, accelerated in implementation, and become stricter in compliance requirements due to the 2024 amendment and the 2026 new regulations. The key to success for Japanese companies lies in strengthening the technical description of inventions, identifying opportunities to utilize simplified patents early on, managing translations, requests for examination, annuities, and implementation reports in separate dockets, and ensuring no necessary parties are omitted in the event of a dispute.Please also see our PCT international patent applications and patent application services.
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.
*This article is based on the above primary sources and official information as of May 2026 and is intended to provide general information. For the latest information regarding the original text of Permenkum 6/2026, individual fees listed in the appendix to PP 45/2024, PCT national phase entry deadlines, and voluntary license registration forms, we recommend checking the DGIP official portal and consulting with experts.