Understanding Patents: Protection Period, Territoriality, and Simple Patents

A patent is an exclusive right granted by the State to an inventor over an invention in the field of technology for a specified period. During the protection period, the patent holder generally has the authority to implement the invention independently or authorize another party to use it.

In practice, several questions frequently arise, including whether a product may be manufactured after its patent has expired, whether a patent registered only outside Indonesia can prevent manufacturing in Indonesia, and how a patent differs from a simple patent.

These issues are closely connected with the duration and territorial scope of patent rights.

Patent Protection Period

A patent is granted for a period of 20 years calculated from the filing date and that period cannot be extended.

A simple patent is protected for 10 years from the filing date and likewise cannot be extended.

The commencement and expiry dates of protection are recorded and published through the patent administration system.

A patent holder therefore does not possess exclusive rights indefinitely.

The limited duration of protection reflects a balance between providing incentives to inventors and the public interest in obtaining access to technology.

What Happens after a Patent Expires?

When the patent protection period expires, the exclusive rights derived from the patent also expire.

Provided that no other intellectual property rights or legal restrictions remain applicable, an invention that was previously protected by a patent may generally be used by other parties without obtaining permission from the former patent holder.

This means that another party may manufacture, use, or sell products based on technology covered by an expired patent.

However, before commencing commercial production, it remains necessary to determine whether other rights continue to apply, such as trademarks, industrial designs, copyright over software or particular documentation, trade secrets, or sector-specific licensing requirements relating to the product.

Patent expiry therefore does not necessarily mean that every aspect of commercialisation is free from legal risk.

What expires is the exclusive right arising from that particular patent.

Patent Rights Are Territorial

One of the important characteristics of patent law is territoriality.

Patent protection applies in the country or territory in which the right has been applied for and granted.

A patent obtained in one country does not automatically create exclusive rights in another country.

This principle is consistent with the international intellectual property system.

The Paris Convention for the Protection of Industrial Property provides national treatment for applicants from member states, while protection itself continues to be obtained under the laws and procedures of each jurisdiction.

Foreign Patent without Indonesian Protection

If a device or technology is patented abroad but does not have patent protection in force in Indonesia, the foreign patent generally does not create exclusive patent rights within Indonesian territory.

Accordingly, there is no prohibition arising from an Indonesian patent merely because the same technology is patented in another country.

That conclusion should nevertheless be reached with care.

Before commencing commercial production, a business should confirm that there is no Indonesian patent application or granted patent remaining in force, including protection sought through an international filing route that subsequently entered the Indonesian national phase.

In addition, where a product will be exported to a country in which the patent is in force, export, import, sale, or use in the destination country may create patent infringement risks in that jurisdiction.

A territorial analysis should therefore consider the location of manufacturing, sales, imports, and the intended market.

Exclusive Rights of Patent Holders

While patent protection remains in force, the patent holder has the exclusive right to prevent other parties from engaging in certain activities without authorization.

For a product patent, prohibited activities may include making, using, selling, importing, leasing, delivering, or making the patented product available for sale, lease, or delivery.

For a process patent, exclusive rights concern the use of the patented production process as well as certain activities involving products resulting from that process.

A patent status search should therefore be carried out before technology that remains under patent protection is used for commercial purposes.

Difference between Patents and Simple Patents

Patents and simple patents both protect inventions in the field of technology, but the characteristics of the inventions and their protection mechanisms differ.

A patent is intended for an invention that is new, involves an inventive step, and is capable of industrial application.

A simple patent is intended for a new invention that generally constitutes the development or improvement of an existing product or process, has practical utility, and is capable of industrial application.

The simple patent route is designed to be more streamlined than the standard patent process and provides a shorter protection period.

This distinction does not mean that a simple patent has little commercial value.

In many businesses, innovations consisting of improvements to equipment, configurations, processes, or practical functions may have substantial commercial value and may be more appropriately protected through a simple patent.

Simple Patents Must Still Satisfy the Novelty Requirement

Although the procedure is simpler, an applicant must still ensure that the invention has not already become part of previously disclosed technology.

A prior-art search should be undertaken to determine whether the invention genuinely satisfies the novelty requirement and does not conflict with previously published technology.

Application documents must also be carefully drafted because the description and claims determine the scope of protection ultimately obtained.

Incorrectly formulated claims may result in protection that is too narrow or may create objections during substantive examination.

Closing

A standard patent is protected for 20 years and a simple patent for 10 years from the filing date, and neither period can be extended.

After the protection period expires, the exclusive right arising from the patent terminates, and the technology may generally be used by other parties, subject to any other rights or regulatory requirements that may remain applicable.

Because patent rights are territorial, the existence of a patent in another country does not automatically create a prohibition in Indonesia.

Nevertheless, before manufacturing or commercialising a technology, patent searches in Indonesia and relevant destination countries remain important to reduce infringement risks and ensure that commercial activities are carried out appropriately.