Certain discoveries were expressly excluded from the scope of patentable inventions in Indonesia, including a new use of an existing/known product and certain new forms of existing compounds under Article 4(f) of Law No. 13 of 2016.  This exclusion was removed from 28 October 2024 when amendments to the Patent Law were introduced, which effectively paved way for new uses of known products, such as second medical uses, and certain new forms of existing compounds, such as new crystalline forms, to be considered patentable subject matter in Indonesia.

However, in a recent decision rendered on 28 August 2026, the Indonesian Constitutional Court (MK) partially granted the judicial review of the above Law and reinstated the limitation under Article 4(f).

This Decision took immediate effect and is particularly relevant to second medical use claims and certain claims directed to new forms of known compounds. The MK expressly discussed the prohibition of second medical use in the context of legal certainty, public-health protection and the prevention of patent evergreening.

Important DGIP Transitional Update
Following the MK Decision, the Indonesia Patent Registry (DGIP) has confirmed that applications filed from 28 October 2024, i.e. the effective date of Law No. 65/2024, up to 28 August 2026 will continue to be examined under Law No. 65/2024 as applicable during that period.

For applications filed after 28 August 2026, following the pronouncement of the MK Decision, the reinstated interpretation of Article 4(f) will apply.

DGIP is currently preparing a Circular Letter (Surat Edaran) to provide practical guidance on this transitional treatment and to ensure consistent and uniform implementation of the MK Decision in patent examination practice. Until the Circular is formally issued, the above transitional treatment should be understood as the current position communicated by DGIP, rather than as a separately published transitional regulation.