MK perketat praktik monopoli paten obat: Apakah harga obat di Indonesia otomatis lebih murah?

Poin-Poin Utama

• • Patent rights typically last a minimum of 20 years.
• • After expiration, local companies can produce generic versions at significantly lower prices.
• • Patent evergreening involves filing secondary patents through minor modifications to existing drugs.
• • Common modifications include changing drug form from powder to crystal, adjusting dosage, combining compounds, or repurposing for different diseases.
• • Patent evergreening primarily targets chronic disease medications such as cancer, diabetes, and HIV drugs.
• • This practice keeps drug prices artificially high and threatens patient access to essential treatments.
• • On August 28, 2026, the Constitutional Court reinstated Article 4 letter f of the Patent Law.
• • The ruling does not automatically reduce drug prices or impose technology transfer obligations.
• • Through Decision No. 255/PUU-XXIII/2025, the Court declared the deletion of Article 4 letter f unconstitutional.
• • The reinstated article requires patent examiners to reject weak secondary patent claims.
• • The ruling does not retroactively cancel already-issued secondary patents.
• • Existing generic producers still need raw materials, process knowledge, facilities, approvals, and distribution networks.
• • Price competition remains weak if only one or two suppliers can enter the market.
• • The ruling does not create technology transfer obligations for patent holders.
• • The impact depends on implementation guidelines from the Directorate General of Intellectual Property and Patent Appeal Commission rulings.