Regulatory Update: Patent Application under Minister of Law Regulation of the Republic of Indonesia No. 6 of 2026
by Setyawati Fitrianggraeni and Tiara Amanda Putri
Overview
Minister of Law Regulation No. 6 of 2026 was issued to replace Minister of Law and Human Rights Regulation No. 38 of 2018, in order to keep Indonesia’s intellectual property (IP) protection system in line with legal developments and public needs.(1) This regulation is important because awareness among inventors is still low, causing many innovations to lack strong legal protection.(2) The update also supports ongoing efforts by regional offices, such as in the Riau Islands, to educate academics and creative industry players on the importance of IP registration as a long-term step to support regional growth and an innovation-based economy.(3)
In practice, this regulation also serves as a preventive measure against early disclosure, which is often the main reason patents are rejected due to loss of novelty.(4) As shown in case studies on patent law in Indonesia, protection often fails because parties do not use claims to assess novelty, even though claims are the core of the invention being protected.(2) Therefore, Minister of Law Regulation No. 6 of 2026 emphasizes the obligation to prepare consistent description and claim documents to ensure inventions receive adequate legal protection.(1)
Key Highlights
- Standardization of Administration and Application Procedures
Patent applications must meet strict administrative standards, including applicant details, description, claims, abstract, and payment proof. Applications are submitted to the Minister of Law by the applicant or a registered IP consultant, either electronically via the DJKI website or physically, using a specific format (Courier New 12, A4).(1) Following these procedures is crucial to secure the filing date under the first-to-file system, and applicants are strongly advised to conduct a patent search beforehand to avoid conflicts with existing technologies.(4)
- Strengthening Claims as the Core of Invention Protection
This regulation emphasizes that claims define the core of an invention. Inventors or patent holders must ensure claims are clear, consistent, and supported by technical descriptions, allowing examiners to accurately assess novelty, inventive step, and industrial applicability.(1) Strengthening the claims aspect stems from the fact that many patents in Indonesia are legally weak because claims were not used to define the scope of rights.(2) The regulation therefore requires independent claims that include essential technical features to solve specific problems in the relevant technology field.(1)
- Simple Patents and International Priority Rights
A simple patent protects a single invention with practical use, whether a product or a process. Applicants may also claim international priority rights based on an earlier filing in a Paris Convention or WTO member country. These provisions apply to domestic and foreign applicants seeking global protection or inventions that improve existing products. Applicants must file for priority within 12 months of the first filing and submit valid priority documents. The substantive examination of a simple patent shall be completed within six (6) months from the filing date, including an assessment of whether the invention meets the patentability requirements in light of prior art.(1)
References
1. Minister of Law Regulation of the Republic Indonesia No. 6 of 2026 on Patent Application.
2. Saputro I. Pentingnya Klaim dalam Permohonan Paten Sederhana Menurut Undang-Undang Paten. Jurnal Hukum. 2025;1(1):25–36.
3. Kurnia R. RRI (Radio Republik Indonesia). 2026. Kanwil Kemenkumham Kepri Dorong Akselerasi Perlindungan Kekayaan Intelektual. Available from: https://rri.co.id/batam/regional/2285687/kanwil-kemenkumham-kepri-dorong-akselerasi-perlindungan-kekayaan-intelektual#google_vignette
4. SIP Corp. SIP-R: Global Intellectual Property Protection and Services. 2026. Waspada! Pendaftaran Paten Bisa Ditolak Akibat Publikasi Terlalu Cepat. Available from: https://siprconsultant.id/waspada-pendaftaran-paten-bisa-ditolak-akibat-publikasi-terlalu-cepat/
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