Editing Software patent (section)

===Indonesia===
In Indonesia, software cannot be protected by patents, until the implementation of the Law No. 13 Year 2016, Patent Law in Indonesia.<ref name=":0">{{Cite web |title=Law No. 13 of 2016 on Patents, Indonesia, WIPO Lex |url=https://www.wipo.int/wipolex/en/legislation/details/16392 |access-date=2025-05-15 |website=www.wipo.int}}</ref> To begin evaluation, it is necessary to distinguish whether or not the application is considered an invention. Under Law No. 14 Year 2001, Article 1 of Patent Law in Indonesia,<ref name=":1">{{Cite web|url=https://www.wipo.int/edocs/lexdocs/laws/en/id/id044en.pdf|title=Law of the Republic of Indonesia Number 14 Year 2001|website=WIPO}}</ref> application is considered as an invention if the activity is created to solve a particular conflict or problem in the technology sector. Furthermore, it can be executed in the medium of a new process or product or a developmental enhancement in a product or process. According to Law No. 14 Year 2001, Article 7 of Patent Law in Indonesia.,<ref name=":1" /> an application can not be patented as an invention if the product or process contradicts or challenges the current regulations and rules, public order or ethics, and religious morality. In addition, if the application is treated as a method or theory in the scientific or mathematics, argued to be any type of living creatures, with the exception of micro-organisms, or is considered as an essential biological measure to produce plants or animals, the application is not a patentable invention.<ref name=":1" />

As software contains algorithms, it is deemed to be part of the field of mathematics; hence, software cannot be protected by patents in Indonesia. However, one way for the Indonesian Intellectual Property office to grant software patents in Indonesia is if the application has been patented in other nations, which have ratified the [[Patent Cooperation Treaty|Patent Corporation Treaty]] (PCT). Therefore, in accordance to the regulations under the Patent Cooperation Treaty, a software will have a regional protection among the participating entities of World Intellectual Property Organization (WIPO).<ref>{{Cite web |title=Regulations under the Patent Cooperation Treaty |url=https://www.wipo.int/wipolex/en/text/288644 |url-status= |archive-url= |archive-date= |access-date=2025-05-15 |website=wipo.int}}</ref>

An important update was enacted on 26 August 2016, the Law No. 13 Year 2016, Patent Law in Indonesia.<ref name=":0" /> This update is geared to encourage innovation and growth by augmenting the number of patents within the public and private sector in Indonesia. This update proposes an extension of protection for simple patent, which grants application for patents for new improvements or inventions to existing processes. Intangible inventions can also be patented; under the former law, simple patent is restricted for tangible inventions, which has a positive implication for software patents in Indonesia. Furthermore, these changes provide more protection to the pharmaceutical industry and encourage public access to medical knowledge. This can boost new software ideas and processes within the healthcare and pharmaceutical sector. This update provides a stronger protection of traditional knowledge. In addition, a significant update is the usability of electronic filling and electronic media. Under this new law, application can be made electronically.