Indonesia recognizes two primary categories of patents: standard patents, which cover fully developed inventions, and simple patents (also known as utility models), which apply to more modest, industrially applicable innovations. A third form, industrial design protection, exists for aesthetic elements but is legally separate from patents.
This guide breaks down the key types of patents, their legal basis, and what they mean for innovators in Indonesia.
Also read: What Is the Difference Between a Copyright and a Patent?
Main Types of Patents in Indonesia
Standard Patents (Invention Patents)
These offer the strongest protection and are granted for inventions that are:
- New (not publicly known),
- Inventive (non-obvious improvements),
- Applicable to an industry.
They offer 20 years of protection from the filing date, with annual maintenance fees. Standard patents are ideal for significant innovations with high R&D costs.
Simple Patents (Utility Models)
Also known as petty patents, these cover new and useful innovations without requiring a high inventive step. They must:
- Be new,
- Be industrially applicable,
- Improve an existing process or product.
They are protected for 10 years. This type is suitable for SMEs or product tweaks.
Industrial Design Protection
Though sometimes referred to as “industrial design patents,” these are legally distinct. They protect the ornamental or aesthetic aspects of a product—not the function. Administered under separate intellectual property laws.
Legal Framework & Regulatory Bodies
Indonesia’s patents are governed by Patent Law No. 13 of 2016, with significant updates enacted in October 2024. Oversight is handled by the Directorate General of Intellectual Property (DGIP), under the Ministry of Law and Human Rights.
Key legal developments include:
- Broader patentability (systems, methods, second medical use).
- Clarity on computer-implemented inventions.
- Restrictions on converting PCT filings into simple patents.
Also read: Should I Use TM, R, or SM in Indonesia? Full Guide for Businesses
Patent Application Process in Indonesia
To apply, submit to the DGIP:
- A complete invention description,
- Drawings (if needed),
- Defined claims (legal boundaries of your invention).
International compatibility:
Indonesia is a member of both the Paris Convention and the Patent Cooperation Treaty (PCT), allowing for international patent filings. Standard patents can be filed through PCT routes, but simple patents cannot.
Understanding the types of patents available in Indonesia is key to protecting your invention or design. Whether pursuing a standard patent for a new technology or a simple patent for a useful improvement, Indonesia’s IP system supports innovation across sectors. With recent legal updates, inventors can now patent a wider range of innovations, including methods and second medical uses—bringing Indonesia’s system closer to global standards.
If you want to register patent or trademark in Indonesia, you can rely on InvestinAsia’s Indonesia IP, Copyright, Patent, and Trademark registration service for a simpler process.
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Frequently Asked Questions
Is software patentable in Indonesia?
Not directly. Nevertheless, software that functions as part of a computer-implemented invention may be eligible for patent protection.
Can I convert a PCT application to a simple patent?
No. According to 2024 reforms, simple patents cannot be derived from PCT applications.
What if my invention doesn’t meet the inventive step requirement?
You might still qualify for a simple patent, which has a lower threshold.
How long does patent protection last?
- Standard patent: 20 years
- Simple patent: 10 years
