Legal Literacy - This article discusses the definition of patent simple in Indonesia, where patent rights grant exclusive rights to inventors or other parties authorized by the inventor to implement or grant licenses for the invention. Simple patents cover technological innovations that help solve everyday problems and are crucial for Micro, Small, and Medium Enterprises (UMKM). 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.
Definition of Simple Patent
A patent right is a special right possessed by an inventor or another party authorized by the inventor in order to implement the invention themselves or to grant permission to another party 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, a simple patent is an important part that contains simple technological innovations to help solve everyday problems. Many simple patents are issued by the Indonesian people, but simple innovations that are patented are often not protected by the Patent Law due to registration requirements for inventors regarding the culture of the Indonesian people, 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 discrimination as to 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 holders, especially from America, because the law requires patent holders to produce patented products or utilize their patent processes in Indonesia.
Implementation of Patents in Indonesia based on Law Number 13 of 2016 concerning Patents
Simple patents have become highly strategic in Indonesia because they are closely related to Micro, Small, and Medium Enterprises (UMKM) that 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 sectors. 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 improving patent protection in Indonesia.
A simple patent is a right according to the law given to an inventor or, according to the law, a party entitled to obtain it upon application to the authorities, for new inventions in existing technology or the discovery of a new improvement in the way things work for a certain period in the industrial sector.
The difference between ordinary patents and simple patents lies in the type of invention, the term 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 simple patents do 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 term of a patent is 20 years from the date of receipt, while a simple patent is 10 years. The term of patent protection cannot be extended, so if the term has expired, an invention becomes public property, meaning that other parties may produce and sell it freely. When a patent becomes effective, its expiration date will be recorded and announced. This regulation is intended to prevent parties from continuously controlling an industry and is feared to create unhealthy business competition that harms the public.
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