Patent and Simple Patent in Indonesia

1. Patent

Patent shall mean an exclusive right granted by the state to an inventor for his invention in the field of technology, for a certain period, to exploit his invention or to authorize another persons to exploit it.

Patentable Inventions

  • A patent shall be granted to an invention, which is novel, involves inventive steps and is capable of industrial application.
  • An invention is deemed to be novel, if at the date of filing of the application said invention is not the same with any previous technological disclosure.
  • An invention involves inventive steps if the said invention does not constitute something that is obvious to a person who possesses average technical skills.
  • The evaluation of whether or not an invention constitutes something that is obvious must take into account the state of art at the time the application is filed or which has existed at the time the first application was filed on the basis of a Priority Right.

In Indonesia a patent shall not be granted to an invention regarding :

  • Any process or product of which the announcement and use or implementation contravenes the prevailing rules and regulations, religious morality, public order or ethics;
  • Any method of examination, treatment, medication, and/or surgery applied to humans and/or animals;
  • Any theory and method in the field of science and mathematics; or
  • All living creatures, except micro-organism and any biological process which is essential in producing plant or animal, except non-biological process or microbiological process.

Duration of Patent

A Patent shall be granted for a period of 20 (twenty) years, which cannot be extended, commencing from the filing date.

Annuity of Patent

The payment of annual fee shall be counted from the first year of the application.

2. Simple Patent

  • Utility Model is knowing as Simple Patent in Indonesia.
  • Any invention in the form of a product or device, which is novel and possesses practical use values because of its shape, configuration, construction, or component may be granted a legal protection in the form of a Simple Patent.
  • A simple patent shall only be granted for one invention.
  • A simple patent shall not be applied for a compulsory license.

Duration of Simple Patent

A Simple Patent shall be granted for a period of 10 (ten) years, which cannot be extended, commencing from the filing date.

Annuity of Simple Patent

The payment of annual fee shall be counted from the first year of the application.

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