Background
With the development of the times making businesses run by the community increasingly competitive, the community must find ways to maintain their businesses. In this case, innovation in a discovery, often referred to as an invention, is a very valuable asset in running a business.
To obtain legal certainty for an invention, entrepreneurs can register a patent for their invention. However, people often do not understand that even if a patent already exists for a technology or object, it is still possible to register a patent for developments or derivatives of that technology. These developments or derivatives are known as Simple Patents.
What is Meant by a Simple Patent
A simple patent is a form of intellectual property rights protection granted by the state as protection for new inventions on existing inventions, as stated in Article 3 of Law Number 13 of 2016 concerning Patents, which reads as follows:
“(2) A simple patent as referred to in Article 2 letter b is granted for every new invention, development of an existing product or process, and can be applied in industry.”
The existence of this Simple Patent is intended to provide legal certainty and protection to the inventor of an invention on an object that has been registered for a patent or already exists, so that this Simple Patent is different from a regular patent which requires an absolute level of novelty (an object or technology that has never existed before). In a Simple Patent, registration of developments in existing technology is required.
Simple Patent Example
Basically, to determine a Simple Patent, you must first know whether the Patent that has been submitted already exists and whether the Invention that we have discovered is an improvement/development of that Invention. The following are examples of possibilities that can be used as Simple Patents
- Technological discoveries that can be applied to bicycles
As we know, bicycles are objects that have long been discovered in the world. Technological developments applied to bicycles, such as electric motors that make it easier for cyclists to use them, and bicycle designs that increase comfort while cycling, can be categorized as Simple Patents.
- Technological inventions that can be applied to refrigerators
Refrigerators are objects that help humans store food, both raw and cooked. However, if we can find a technology that can improve or provide new functions to refrigerators, such as automatic ice makers in refrigerators, refrigerators with three doors, or even refrigerators with the latest cooling systems, these can also be categorized as Simple Patents.
Conclusion
If you have a new technological invention based on technology that has already been patented, you can consult with us further regarding whether your invention is eligible for a simple patent or not.
Legal Basis
– Law Number 13 of 2016 concerning Patents;