In Indonesian IP law, the simple patent functions as the legal instrument used to protect innovations and inventions that provide practical improvements to existing systems. It should be noted that the simple patent is considered to be a simpler and faster alternative to the regular patent system in terms of its process but provides exclusivity for inventors.
The simple patent is regulated by the Government of Indonesia through Law No. 13 of 2016 concerning Patents and is governed by the DJKI.
What is a Simple Patent?
A simple patent refers to intellectual property rights that are bestowed on inventions, which are products or devices used in industries and which are useful.
According to Indonesian laws, simple patents are covered under Law No. 13/2016 on Patents and its implementation rules, which are handled by the Directorate General of Intellectual Property of Indonesia.
The difference between a simple patent and a regular patent lies in their level of complexity. The former refers to patents invented through the modification or improvement of other existing products.
Differences Between Patent and Simple Patent
A standard patent and a simplified patent represent two kinds of patents provided in the Indonesian IP law for different types of innovative products. The former is meant for complicated inventions characterized by a high degree of inventiveness, whereas the latter is designed for simple inventions that are easy to evaluate and implement. The main distinctions between them are as follows:
| Aspect | Patent | Simple Patent |
| Complexity | High | Simpler |
| Protection Period | 20 years | 10 years |
| Examination Process | Longer | Faster |
A regular patent is meant for the protection of complex inventions with novelty and inventive steps. Simple patents are meant for practical innovation with improved utility.
Requirements for a Simple Patent
For an invention to be eligible for a simple patent under Indonesian law, it must satisfy the following criteria:
- Novelty
An invention is considered novel if it has not been disclosed to the public anywhere in the world before its filing date.
- Usefulness
An invention is deemed useful if it provides a specific utility and benefit for its intended application.
- Industrial Applicability
It must be applicable in an industry.
These are the key criteria that should be fulfilled to obtain a simple patent in Indonesia. Failure to fulfill them will lead to rejection in the substantive examination process carried out by the Director General of Intellectual Property Rights (DJKI).
Examples of Simple Patents
Common patents usually refer to those inventions that include:
- Household equipment designed to increase efficiency
- Existing products altered in some way
- Improvements to machines
- Technical improvements
A better designed kitchen tool or an improved packaging system could be patented as a simple invention.
Procedure for Registering a Simple Patent
Indonesia’s registration procedure for a simple patent adheres to a legal procedure set out in Law Number 13 of 2016 on Patents, regulated by the Directorate General of Intellectual Property (DJKI). Every step needs to be done correctly in order to make sure that the patent application is legitimate and can be protected legally.
Step 1 – Document Preparation
In Indonesia, all documents necessary for a simple patent application are prepared by the inventor himself, or assisted by an intellectual property advisor (Direktorat Jenderal Kekayaan Intelektual). All DJKI does is to provide the format and method of document filing only.
- Application Form: Filled in using the online/offline system provided by DJKI.
- Description of Invention: Written by the inventor or his/her intellectual property advisor explaining how the invention is made.
- Claims: Prepared by the inventor or his/her intellectual property advisor indicating the extent of protection required.
- Drawings (If Required): Provided by the inventor or technical adviser explaining the invention.
- Abstract of the Invention: Prepared by the inventor describing the invention briefly.
In conclusion, all the technical information is prepared by the inventor himself, whereas DJKI handles the registration only.
Step 2 – Filing with the Directorate General of Intellectual Property
This application will be filed either via the internet-based system or direct filing to the Directorate General of Intellectual Property. The filing date is critical in this regard since it is the basis of priority for the inventor.
Step 3 – Administrative Examination
DJKI will check whether all required documents have been properly completed and submitted. In case there is any missing or incorrect document, the application will either be rejected or required to be corrected.
Step 4 – Substantive Examination
During this phase, the invention undergoes analysis to check if it fulfills all the necessary legal criteria, especially novelty and industrial applicability. It is an essential analysis, which decides if the invention can be protected under a simple patent.
Step 5 – Grant of Patent
If the application process succeeds, DJKI will grant a patent certificate that is easy to understand. After this step, the person who applied for the invention gets legal rights that are exclusively granted by the invention’s protection period.
Cost of Simple Patent Registration
Registration fees for simple patents in Indonesia are controlled by PP No. 45 of 2024 concerning Non-Tax State Revenue (PNBP) and are managed by the Directorate General of Intellectual Property (DJKI).
In almost all cases, the key cost factors are the application fee and examination fees that have to be paid as part of the procedure to register a patent.
Estimated Key Government Fees (For Most Cases):
- Application Fee for Simple Patent (General Applicant): Rp 800,000 (USD 47)
- Examination Fee for Simple Patent (General Applicant): Rp 750,000 (USD 44)
Total key government cost: Rp 1,550,000 (USD 91)
Optional Cost (Prevalent in Real-life Scenarios)
Furthermore, many people employ intellectual property experts to help them fill out their applications according to DJKI guidelines:
Expert/IP Expert Fee: Rp 5,000,000 – Rp 15,000,000 (USD $294 – USD $882)
Although the fee is optional, it is commonly employed to minimize the chances of rejection and produce high-quality documentation.
Important Information
The charges discussed above are the official fees based on Indonesian law. However, they may differ based on the applicant’s category (MSME or regular). People belonging to certain categories, such as MSMEs and educational organizations, could pay less.
For accurate information, applicants can refer to the official DJKI website.
Duration and Protection of Simple Patent
The duration of exclusivity offered by a simple patent in Indonesia is limited to a period of 10 years from the filing date with the Directorate General of Intellectual Property (DJKI).
For the entire period of exclusivity, the owner of the patent enjoys the exclusive legal right to make use of the invention, produce it, sell it, or authorize its production. This implies that during this period, no third party shall be permitted to commercially utilize the invention without the consent of the owner.
Notably, this type of exclusivity is non-renewable, as after the lapse of 10 years from the filing date, the exclusivity ceases, and the invention falls under the public domain, which allows anyone to make use of, produce, or alter it.
Advantages of Using a Simple Patent
A simple patent offers several advantages when used legally. The following are some of its advantages:
- Quick registration because of the easy examination process, unlike other patents
- Low cost, thus allowing small-scale individuals or firms to register their patents easily
- Ideal for small- and medium-sized enterprises that create practical innovations
- Legal protection of a product that makes practical advances in terms of technology
Generally, a simple patent can be a good choice for practical inventions.gal protection.
Risks of Not Registering a Patent
There are several reasons why it is important for a business owner to register a simple patent in Indonesia to avoid certain risks connected to it.
- The risk of imitation
In case the invention is not protected legally, the business owner risks its imitation, modification, or usage for business purposes.
- Lack of monopoly on the invention
The inventor does not enjoy any exclusivity over the invention and thus cannot stop anyone from using it.
- Difficulties in taking legal action
It will be much harder to take any legal actions since the invention is not legally registered.
- Decrease in value of business and licensing operations
Any investments into the unregistered invention become questionable in terms of legality.
- Competitive advantage at risk
The competitor might enter the market and produce the product faster and easier than the inventor.
In the real-world scenario, there are other negative impacts of non-registration besides imitation of the invention itself.
Common Mistakes in Filing a Simple Patent
In many cases where a simple patent application gets rejected, the problem is not the absence of value of the invention but the procedural and technical mistakes made during the filing process. Knowing the mistakes allows us to prepare better for the process and increase the likelihood of success.
- Invention Description Errors
Technical description fails to provide enough information about the invention and leaves the examiner at DJKI unable to comprehend its functioning.
- Lack of Novelty
Invention has been revealed to the public either by publishing information on it, selling it, or using it before applying for a patent.
- Insufficient Documentation
Some required documents such as claims, drawings, or abstracts do not conform to DJKI standards.
- Weak Patent Claims
Claims are too general, vague, or legally ineffective, reducing the protection scope or making a substantive examination unfavorable.
It is imperative that the process is handled properly to prevent any mistakes from being made during the application period.
Why Use Professional Patent Services
Securing a simple patent is not only about filing documents, but also about ensuring that every legal detail aligns with Indonesian intellectual property standards. A well-structured application can significantly influence approval outcomes and long-term protection.
At this stage, having experienced legal support becomes strategically important.
- Professional preparation of documentation
It means that your application is properly prepared according to the DJKI requirements to eliminate any risks.
- Risk-awareness approach
Helps to find weak spots of the document before submitting it to get the necessary protection.
- Systematic legal strategy
Includes not only registration of the document but also its enforcement and commercial protection.
- Efficient end-to-end service
Allows for completing the patent registration process quickly and effectively.
Within this framework, Widjojo Law Firm has been recognized for its long-standing focus on intellectual property practice in Indonesia. With decades of experience in handling patents, trademarks, and other IP matters, the firm supports both domestic and international clients seeking reliable protection in Indonesia. Its practice is built on a structured, compliance-driven approach that aligns with both local regulatory standards and cross-border IP requirements.
FAQ
What is a simple patent?
A simple patent is protection for inventions that have functional utility and industrial application.
What is the difference between a patent and a simple patent?
Patent is used for complicated inventions and lasts for 20 years; whereas simple patent is used for simpler inventions and lasts for 10 years.
How long is a simple patent valid?
The validity of the simple patent lasts for 10 years counting from the registration date.
How much does it cost to register a simple patent?
It varies from hundreds of thousands of Rupiah for government charge and millions of Rupiah for professional fees.
Can a simple patent be extended?
It is not possible to renew simple patents because they are non-renewable.
Who can apply for a simple patent?
An individual, company, or legal entity can apply if they fulfill certain conditions.
Conclusion
Simple patents offer a convenient and effective means of securing practical inventions in Indonesia due to quick registration, affordability, and legality. Still, the patent registration process involves much work and legal knowledge. In case of inaccuracies and other mistakes, patenting may not occur.
This is where Widjojo comes in, bringing our expertise of over 20 years assisting in patent registration. We ensure that your inventions are rightfully protected and ensure its commercial value, taking care of the legal framework required with ease. Visit widjojo.id for complete guidance and professional IP services.
