In response to recent amendments to the Indonesian Patent Law (No. 65 of 2024), the Ministry of Law has now issued Ministerial Regulation No. 6 of 2026, introducing implementing provisions governing several aspects of patent prosecution and post-grant procedures in Indonesia. The regulation updates certain provisions contained in the previous ministerial regulation issued under the earlier patent legal framework.
Among other matters, the regulation provides procedures relating to sequence listing requirements, requests for early substantive examination, mechanisms for re-examination of patent applications and granted patents, as well as the available legal remedies against patent decisions.
These provisions are intended to enhance procedural clarity and provide applicants with additional procedural options, particularly with respect to expedited examination and post-decision review mechanisms, while also aligning certain administrative requirements more closely with international practice.
Applicants with pending or future patent filings in Indonesia should consider these procedural developments carefully, particularly with respect to the availability of early substantive examination and the expanded mechanisms for re-examination. These provisions may offer additional strategic options for managing patent prosecution and addressing examination outcomes under the Indonesian patent framework.
However, please note that for some of the procedures addressed by the new Regulation (e.g., request for early substantive examination, request for re-examination, etc.), they remain unavailable in practice, until official fee amounts are determined and the IP Office’s online system is updated to allow for selection/filing of these matters.
Applicants and patent practitioners should therefore take these practical considerations into account when planning their prosecution strategies in Indonesia. We will continue to monitor developments closely, including the issuance of the official fees and updates to the IP Office’s filing system, and will provide further updates as practical implementation of these procedures progresses.
In the meantime, set out below are several of the key provisions introduced under new Ministerial Regulation No. 6 of 2026.
- Submitting English & Indonesian Specifications, (Article 7)
For applications not originally filed in English, the English translation may now be submitted within 30 days from the Indonesian filing date. While this reflects a practice that had already been followed in day-to-day prosecution, the revised provision now expressly codifies this timeline. The deadline for submission of the Indonesian translation remains 30 days from the Indonesian filing date (Article 7).
- Sequence Listing Requirements (Article 6)
Ministerial Regulation No. 6 of 2026 introduces a specific requirement regarding sequence listings for inventions involving biological sequences. Under Article 6, applicants are required to submit sequence listings in a format that complies with applicable international standards, and such listings must also be provided in the Specification document in Portable Document Format (PDF).
- Accelerated Publication (Article 53)
Applicants may request accelerated publication in connection with the conversion of a simple patent application into a standard patent application, subject to payment of the applicable official fee. The request may be filed no earlier than three months from the application filing date. Previously, such request could only be submitted after six months from the filing date.
- Reinstatement of Application (Article 43)
Where a patent application is deemed withdrawn due to the applicant’s failure to complete the required documents, the applicant may request reinstatement subject to payment of the applicable official fee. The request must be filed within six months from the date of the notification letter informing the applicant that the application is deemed withdrawn.
The reinstatement request may only be submitted to complete the outstanding requirements or documents and must be fulfilled within 14 days. If the requirements are not satisfied within this period, the application will again be deemed withdrawn.
- Request for Early Substantive Examination (Articles 76–81)
The new framework also introduces a mechanism enabling applicants to request early substantive examination. Under Articles 76 and 77, applicants may request that substantive examination be conducted earlier than the ordinary timeline by submitting a written request to the Minister and paying the applicable official fee.
Such requests must be filed prior to the publication of the patent application and may be submitted either electronically or non-electronically.
Once the application has been formally declared complete, the early substantive examination process may commence. The examination will be conducted by a Patent Examiner and will generally follow the same procedural framework applicable to substantive examination under Indonesian patent law. Where the application involves international patent cooperation arrangements or priority claims, the examiner may request additional supporting documentation from the applicant, such as search reports or substantive examination reports issued by foreign patent offices (Article 79).
The Minister will ultimately issue a decision granting or rejecting the request for early substantive examination. As a general rule, such decision must be issued within 12 months after the end of the publication period. However, where third-party observations or objections are submitted during the publication stage, the decision may instead be issued within 30 months after the end of the publication period (Article 81).
- Request for Substantive Re-Examination of Patent Applications (Articles 91–116)
Another notable feature introduced under Ministerial Regulation No. 6 of 2026 is the establishment of a more detailed procedural framework governing requests for substantive re-examination of patent applications and patent decisions. These provisions provide applicants with a formal avenue to seek reconsideration of certain patent office decisions or procedural outcomes during prosecution and after grant.
Under Article 91, applicants may request re-examination in several circumstances, including where:
A. a patent application has been rejected;
B. corrections are required to the description, claims, or drawings after grant;
C. the request concerns a decision granting a patent;
D. the application has been withdrawn by the applicant; or
E. the application has been deemed withdrawn by the Patent Office.
The re-examination mechanism applies not only to pending standard patent applications and simple patent applications, but also to decisions granting standard patents or simple patents (Article 92).
To initiate a re-examination request, Article 93 requires that the request be submitted in writing to the Minister. The form must set out the reasons supporting the re-examination request, and be accompanied by payment of the applicable official fee.
A. Re-Examination Request Following Rejection (Articles 94–98)
Where a patent application has been rejected, Articles 94 through 98 provide a mechanism for applicants to request re-examination of that decision. This option is available where the rejection is based on a determination that the invention does not meet patentability requirements or does not qualify as a simple patent.
A request for re-examination in such cases must include key details relating to the application and the rejection decision, including the application filing date and number, the rejection decision and its date, the identities of the applicant and inventor, the title of the invention, and the reasons supporting the request for re-examination (Article 95).
Applicants must also submit a detailed explanation of the grounds supporting the request, together with any supporting evidence. The request must be filed within nine months from the notification of the rejection decision (Article 97).
Following the issuance of the re-examination results, applicants are also afforded an opportunity to respond. According to Article 98, applicants may submit written comments or responses within three months from receipt of the re-examination outcome.
B. Re-Examination Request for Post-Grant Corrections (Articles 99–102)
Articles 99 through 102 introduce a mechanism allowing applicants to request re-examination in order to address certain post-grant corrections. These may include translation errors, clarification of ambiguous descriptions, claims, abstracts, or drawings, and other editorial corrections. Importantly, any such correction must not broaden the scope of the patented invention (Article 99). Requests for re-examination in this context must be filed within nine months from the notification that the patent may be granted (Article 102).
C. Re-Examination Request of Grant Decisions (Articles 103–106)
The regulation allows applicants to request re-examination of decisions granting a patent, as provided under Articles 103 to 106. In these circumstances, applicants may propose amendments to the description, claims, abstract, or drawings, provided that such amendments do not expand the scope of the invention (Article 103).
In addition to the prescribed request form and explanation of the grounds for the request, applicants must also submit several supporting documents, including the original patent certificate, proof of payment of the annual maintenance fee, supporting evidence, and a power of attorney where the request is filed through a representative (Article 104 & Article 105).
Similar to other re-examination requests, according to Article 106, the request must be filed within nine months from the notification of the patent grant decision.
D. Re-Examination Request Following Withdrawal (Articles 107–109)
Articles 107 to 109 address situations where a patent application has been voluntarily withdrawn by the applicant. In such cases, the regulation provides applicants with the opportunity to request re-examination of the withdrawal. However, the timeframe for doing so is relatively short, as the request must be filed within two months from the date of withdrawal (Article 109).
E. Re-Examination Request of Applications Deemed Withdrawn (Articles 110–112)
In addition to voluntary withdrawals, the regulation also contemplates situations where a patent application has been deemed withdrawn by the Patent Office due to administrative non-compliance.
In such circumstances, under Articles 110 to 112, applicants may request re-examination, provided that such request is submitted within nine months from the date on which the application is deemed withdrawn.
Re-Examination Procedure and Decision (Articles 113–116)
Once a request for re-examination has been filed, Articles 113 through 116 provide that the request will be reviewed by a patent examiner acting on behalf of the Minister. If the application is determined to satisfy the applicable patentability requirements, the Minister may approve the re-examination request. The Minister must issue a decision within twelve months from the filing date of the re-examination request. The decision must then be communicated to the applicant or its representative within thirty days from the date the decision is issued.
- Legal Remedies (Article 131)
Ministerial Regulation No. 6 of 2026 also stipulates the available legal remedies against patent-related decisions, thereby providing a procedural pathway for applicants who wish to challenge decisions issued during the patent examination process.
Applicants may first request re-examination of certain patent decisions, including decisions concerning standard patent applications (Article 73), requests for early substantive examination (Article 81), and simple patent applications (Article 90). The applicable deadline for filing a re-examination request will depend on the type of decision concerned and must be submitted within the timeframe prescribed for the relevant re-examination mechanism.
Alternatively, or following the outcome of the above re-examination, applicants may file an appeal before the Patent Appeal Commission against decisions issued under Articles 73, 81, and 90, as well as against decisions issued under Article 115 concerning the outcome of the re-examination process. Such appeal must be filed within nine months from the date of the relevant decision.
Finally, where the applicant does not agree with the decision issued by the Patent Appeal Commission, the applicant may bring the matter before the Commercial Court. In such cases, a lawsuit must be filed within three months from the date on which the decision of the Patent Appeal Commission is notified.
Patent applications that have already been filed and are undergoing examination but have not yet been completed at the time the regulation enters into force will continue to be processed under the previous regulatory framework, namely 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 (Article 132).
For further information or consultation, please contact us at januar@jahja.com.
Contributed by Aisha Chandra Suny and Rena Purnama Sari for JJP Knowledge Center on 13 March 2026.
