Implementation of Patents in Indonesia based on Law Number 13 of 2016 concerning Patents

Simple patents are very strategic in Indonesia because they are closely related to Micro, Small and Medium Enterprises (MSMEs) which are developing in almost all regions of Indonesia. The emergence of the Patent Law as a new system in patent regulation is very helpful in achieving national goals in the social and welfare state fields. In the Patent Law, specifically for patent applications, they can be submitted manually or electronically, in accordance with Article 24 paragraph (4) of the Patent Law, where the application of e-filing services will be very effective and efficient in increasing patent protection in Indonesia.

A simple patent is a right in accordance with the law given to an inventor or according to the law, the party entitled to obtain it upon application submitted to the authorities, for new findings in the field of existing technology or the discovery of a new improvement in the way it works for a certain period of time in the industrial sector.

The difference between ordinary patents and simple patents lies in the type of invention, the period of protection, and the number of inventions that can be registered. Ordinary patents are granted for new inventions, while simple patents are granted for inventions resulting from the development of existing inventions. Although a simple patent does not require a new invention, the invention must have a more effective function than the previous invention.

As stated in Article 22 and Article 23 of the Patent Law, the patent period is 20 years from the date of receipt, while the simple patent is 10 years. The patent protection period cannot be extended, so if the period has expired, the invention becomes public property, meaning that other parties may produce and sell it freely. When a patent comes into effect, its expiration date will be recorded and announced. This regulation is intended to prevent parties from continuously controlling an industry and it is feared that it could create unhealthy business competition that harms the public.