Jurnal Bina Mulia Hukum
Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026

Reforming Patent Law in the Age of Artificial Intelligence

Muhamad Rizal (Faculty of Social and Political Science, Universitas Padjadjaran)
Sinta Dewi (Faculty of Law, Universitas Padjadjaran)
Agus Taryana (Faculty of Social and Political Science, Universitas Padjadjaran)



Article Info

Publish Date
31 Mar 2026

Abstract

The rise of AI as a creator challenges patent law's human-centered perspective, which exclusively sees creators. AI innovations aren't covered by Indonesia's Patent Law No. 13 of 2016. The national patent system is confusing concerning who invented, owns, and is liable. This paper examines the normative opportunities and problems of revising Indonesia's patent system to include AI-generated ideas while retaining legal clarity, equity, and international intellectual property norms. This work uses normative and comparative legal analysis to support a progressive patent system reform in Indonesia by introducing a hybrid inventorship model that recognizes human–AI collaboration. This study uses statutory, conceptual, and comparative frameworks for normative juridical research. It analyses primary, secondary, and tertiary legal materials, including Indonesia's patent legislation, WIPO recommendations, and comparative jurisprudence from the US, EU, and China. Our study reveals that Indonesia's patent laws are still anthropocentric and unsuited for AI-generated ideas, producing legal ambiguity and insufficient innovation incentives. Some countries have human inventors but are incorporating AI-assisted inventions. Indonesia must restructure its legal system with a hybrid inventorship strategy that ensures responsibility, transparency, and technological adaption.

Copyrights © 2026






Journal Info

Abbrev

JBMH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Jurnal Bina Mulia Hukum (JBMH) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on Indonesian ...