Indonesia Patent Law On Second Medical Use Claims

Contrary to popular belief, the 2016 Indonesian Patent Law has not categorically shut the door to all forms of second medical use claims. Second medical use in certain forms is still allowed. Our note below discusses how to get such claims through; and on enforcement of Swiss type claims.

In Indonesia, second medical claims were accepted under the 2001 Patent Law by the patent Office by couching the claims in the form of Swiss type claims. This was until 2016 when the new Patent Law was enacted. One rationale for the change in 2016 to exclude such medical use claims was to support the local generic industry.