Legal Literacy - This article discusses the definition of simple patents in Indonesia, where patent rights grant exclusive rights to inventors or other parties authorized by the inventor to implement or grant permission for the invention. Simple patents cover technological innovations that help solve everyday problems and are very important for Micro, Small and Medium Enterprises (MSMEs). This article also explains the differences between ordinary patents and simple patents, the importance of patent registration to provide legal certainty, as well as the procedures for filing and implementing simple patents in accordance with Law Number 13 of 2016 concerning Patents.

Understanding Simple Patents

Patent rights are exclusive rights possessed by an inventor or another party authorized by the inventor to implement an invention themselves or to grant permission to other parties to implement the invention in question.

The emergence of information technology developments has influenced the formation of special regulations in Indonesia, namely Law Number 13 of 2016 concerning Patents (Patent Law), which is the result of revisions to the ratification of the TRIPs Agreement.

According to the World Intellectual Property Organization or WIPO, simple patents are an important part that contains simple technological innovations to help solve everyday problems. Many simple patents are issued by Indonesian people, but simple innovations that are patented are often not protected by the Patent Law because of registration requirements for inventors regarding Indonesian community culture, especially the inventor community.

The provisions of Article 27 paragraph (1) of the TRIPs Agreement stipulate that patents must be available and patent rights can be enjoyed without discriminating against the place of discovery, the field of technology, and whether the product is imported or not produced locally. Some of the contents of the Patent Law are considered to pose challenges for foreign patent owners, especially from America, because the law requires patent holders to produce patented products or utilize their patent processes in Indonesia.