Knowledge

The national phase is the phase in the Patent Cooperation Treaty (PCT) process where an international patent application, which was initially filed under the PCT, transitions into individual national patent systems. This is where the applicant enters a specific country’s patent system to seek patent protection in that country.

For Indonesia, after filing a PCT application, you must enter the Indonesian national phase to seek patent protection there.

Priority Date: The Starting Point

In patent law, the priority date is the date on which the initial patent application is filed. This could be:

• The first filing of a regular patent application (such as a national patent application).
• A PCT application (which is filed later, based on the priority date of the initial filing).
   

The 31-month time limit starts counting from this priority date — not from the date you filed your PCT application, but from your earliest priority filing (the initial patent application).

The 31-Month Deadline in Indonesia

Under the PCT system, you have a set window of time in which to enter the national phase in any participating country. For Indonesia, this is 31 months from the priority date.

Here’s a simple breakdown:

1. Priority Date: This is the date on which you filed your first patent application (whether national or PCT).
2. 31-Month Deadline: From this priority date, you have 31 months to file your PCT application in Indonesia to enter the national phase.

Example:

If you filed a first application (e.g., a national patent application) on January 1, 2023, this is your priority date.

• The 31-month period starts from January 1, 2023.
• The deadline for national phase entry in Indonesia would be August 1, 2025 (31 months after January 1, 2023).
   

This means you must file your PCT application in Indonesia by August 1, 2025 to receive patent protection in Indonesia under your PCT application.

Why 31 Months?

The 31-month period allows applicants more time to evaluate their options before formally entering the national phase in each country. The PCT system provides a global procedure that allows applicants to delay national filings in specific countries until 30 or 31 months from the priority date.

• 30 months is the standard period for most countries.
• 31 months is applied in a few countries like Indonesia, the Philippines, and Vietnam, offering an extra month to file.
   

Process to Enter the Indonesian National Phase

1. File Your PCT Application: Initially, file your PCT application within 12 months of your priority filing.
2. Wait for International Phase: Your PCT application will undergo international searching, and you will receive a report and opinion on patentability. You will also receive an invitation to enter the national phase in each country you choose.
3. Enter the Indonesian National Phase: By 31 months from the priority date, you must submit the following in Indonesia:
   • A formal request for national phase entry.
   • Translation of the PCT application (if it was filed in a language other than Indonesian).
   • Payment of national filing fees.
   • A power of attorney if someone is acting on your behalf.

Important Documents and Requirements

When entering the Indonesian national phase, you typically need the following:

1. Translation of the PCT application into Indonesian (if it was not originally filed in Indonesian).
2. A copy of the PCT application and any relevant documents.
3. Payment of fees associated with national phase entry.
4. A power of attorney (if you’re using a patent attorney to file on your behalf).

What Happens After the 31-Month Deadline?

If you miss the 31-month deadline, you will lose your right to file in Indonesia through the PCT system for that particular application. However, you may still file a direct national application in Indonesia, but that would require filing a completely new patent application and start the process from scratch.

In most cases, it’s very important to meet this deadline to avoid delays or potential loss of patent protection in Indonesia.

Summary

To summarize, the 31-month time limit for entering the national phase in Indonesia means that from the priority date of your PCT application (the date of your first filing), you have up to 31 months to file your application in Indonesia and seek patent protection there.

It’s essential to plan ahead and be aware of this deadline. Missing the deadline can mean missing the opportunity to get patent protection in Indonesia for that particular application.

The 31-month timeline is just one part of the broader PCT system that aims to provide you with flexibility and time to decide where you want to protect your invention.

This article is for informational purposes only and does not constitute legal advice. If you require legal assistance, please feel free to reach out to damar.dwipo@dlplawoffices.com