Article 1 paragraph 1 of the Patent Law, a patent is an exclusive right granted by the state to an inventor of a certain technological invention to do it himself or give approval to other parties to do so.
What is meant by “invention” is the inventor’s idea used to solve a particular technological problem, such as a product or process, or the improvement and development of a product or process. Combining two or more known products can also result in a product that is more practical or easy to use.
Then, an inventor is defined as a person or group of people who puts an idea into action that results in an invention. The technology in question includes all types of technology, from the very simple to the highly sophisticated.
According to Article 60 of the Patent Law, patent protection is proven by the registration of the invention at the Directorate General of Intellectual Property (DJKI). Patents are territorial in nature as the exclusive rights apply only in the territory or jurisdiction stipulated by the laws of the country.
Article 2 of the Patent Law, basically, patents are granted for new inventions that involve an inventive process and can be used in industry. Meanwhile, a simple patent is granted for any new invention or development of an existing product or process that can be used in industry. In addition, simple patents are granted for inventions that are in the form of products that have better functions or uses than previous inventions due to their shape, configuration, construction, or components. These inventions may include tools, articles, machines, compositions, forms, or other materials. In a simple patent, the technological progress is simpler compared to the technological progress in a patent.
Articles 22 and 23 of the Patent Law regulate the term of patent protection, which is 20 years from the date of patent acceptance and 10 years from the date of simple patent acceptance, respectively. The protection period of patents and simple patents cannot be extended.
The reason for the term of protection of simple patents and patents is different, the explanation of Article 23 paragraph (1) of the Patent Law, which explains that simple patent protection is only granted for 10 years, because the protected product or device is usually obtained in a short time, in a simple manner, at a relatively low cost, and technologically simple. Since patent protection cannot be extended, it is done to give national industries the opportunity to make better use of patents that have expired their protection period and be free from lawsuits and royalty payments. In addition, the aim is to encourage inventors to continue to discover new things or inventions and/or develop or update existing products or processes so that they can be applied in industry.
Legal Basis
- Law Number 13 of 2016 concerning Patents;
- Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation;
- Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law.
Reference:
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