In the innovation-driven business landscape, many business players assume that all technological inventions can be protected in the same way — “just patent it!” In reality, Indonesia’s Intellectual Property legal system distinguishes invention protection into two main regimes: Patents and Utility Models (commonly referred to in Indonesia as Paten Sederhana). Understanding the difference is not merely a matter of terminology; it involves technology protection strategy, cost, processing time, and the legal strength obtained.
For business owners, inventors, startups, and manufacturing companies in particular, choosing the appropriate type of protection can determine how effectively your innovation is safeguarded against competitors or other unauthorized parties.
Main Difference: Inventive Step
The most fundamental distinction between a Patent and a Utility Model lies in the presence of an inventive step. An inventive step means that the invention:
- Is not obvious or easily predictable; and
- Contains a technical element that is unexpected, even for a person skilled in the relevant technical field.
Specifically, a Patent is granted for a new invention that involves an inventive step and is industrially applicable. This means the technology represents a genuine technical breakthrough, not merely a minor modification.
Common examples of Patents:
- A machine system with a new mechanism that significantly improves efficiency
- A production method using a technical approach that has never existed before
Meanwhile, a Utility Model is granted for a new invention that constitutes a development or improvement of an existing product or process and is industrially applicable. The focus here is on refinement or practical improvement, rather than a major technical breakthrough.
Common examples of Utility Models:
- Improving a tool’s structure to make it stronger or more ergonomic
- Modifying a mechanical design to simplify assembly
Comparison Table: Patent vs. Utility Model
| Aspect | Patent | Utility Model |
| Level of Innovation | Must involve an inventive step | Development of existing technology is sufficient |
| Technological Complexity | Generally higher | Usually simpler |
| Strength of Technical Element | Technical breakthrough | Technical refinement |
Differences in the Registration Process
Below is an overview of the process and estimated timeframe for registering Patents and Utility Models in Indonesia:
| Stage | Patent | Utility Model |
| 1. Application (Formal Examination) | 0–6 months | 0–28 days |
| 2. Waiting Period* | 6–18 months | 14 days |
| 3. Publication | 6 months | 14 days |
| 4. Substantive Examination | Max. 30 months | Max. 6 months |
| 5. Certificate Issuance | 3–6 months | 3–6 months |
*) What is the Waiting Period?
The waiting period is the time allowed to make changes or corrections before the application is published to the public.
An application may fail at the formal examination stage due to errors such as:
- Inconsistent invention titles between the description, abstract, and assignment documents.
- Description format not complying with required standards.
- Not all inventors signing the ownership documents.
- Substantive examination fees not being paid on time.
If these issues are not corrected, the application will be deemed withdrawn.
Difference in Protection Term
Another crucial difference between a Patent and a Utility Model lies in the duration of protection. A Patent is protected for 20 years from the filing date, whereas a Utility Model is protected for only 10 years.
However, both are subject to annual maintenance fees, and neither can be extended once the protection term expires.
Which One Is More Suitable for Your Business?
You may choose a Patent if:
- Your technology is truly new and complex
- It has long-term strategic value
- You seek maximum legal protection
On the other hand, a Utility Model may be the right option if:
- Your invention is an improvement of an existing product
- You prefer a faster protection process
- You focus on practical market protection
Should you need further information regarding the differences between Patents and their protection in Indonesia and other jurisdictions, contact us through the following channels and receive a FREE 15-minute consultation.
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About AFFA:
Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
