PCT Application - Entry into the National Phase

Time limits applicable for entry into the national phase:

• 30 months from the priority date (Under PCT Article 22(1))
• 31 months from the priority date (Under PCT Article 39(1)(b))

Requirements for Entry into the National Phase:

1. Full name, nationality and address of applicants;
2. Full name and nationality of inventors;
3. Special Power of Attorney* simply signed by the applicants (no legalization is necessary). For corporate applicant, please clearly indicate full name and title of the signatory;
4. A simply signed Assignment* from inventors to applicants, where the applicant is not the inventor;
5. Applicant’s Statement for having patent granted;
6. Title of Invention

In addition to standard formal documents mentioned above, the following documents are also required for each Chapter:

Under PCT Article 22:

• Description,
• Claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19),
• drawings,
• abstract

Under PCT Article 39(1):

• Description,
• claims,
• drawings,
• abstract

Note: if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report.

Priority Document

The Directorate General of Intellectual Property Rights (the Directorate General)  requires a translation of the priority document in English but only if needed during national examination or other processing. If the required translation is not furnished, the Directorate General will invite the applicant to furnish it within 2 (two) months from the date of the invitation. The translation need neither be certified nor verified.

Late filing of documents

Original Power of Attorney and Assignment from Inventor(s) to Applicant(s) can be submitted within 3 months as from the local filing date. However, late filing of documents will generally cause additional service charges and in some cases, official late fees are incurred.

Letter from Director of Patent Directorate No. H3-UM.07.10.482/2004

Based on letter from Director of Patent Directorate at the Directorate General No. H3-UM.07.10.482/2004, in order to simplify the filing patent (PCT) system, it is not compulsary to submit the following documents when entering National Phase in Indonesia:

1. International Search Report (ISR) form: PCT/ISA/210
2. International Preliminary Examination Report (IPER) form: PCT/IPEA/401 and PCT/IPEA/409
3. PCT pamphlet which contain:
   • copy of international application as originally filed (bibliographic, description, claims, abstract, drawings)
   • copy of international search report and English translation
   • copy of priority documents
4. other documents relating to International Phase

Reinstatement of Rights (Internal Letter No. H.01.UM.09.01 – 2006)

The Directorate General shall accept and prosecute Reinstatement of Rights application as provided in PCT Rule 49.6 (According to its internal letter No. H.01.UM.09.01 – 2006). Thus, there are several important points to note:

1. Time limit of Chapter I can be extended up to 31 months as from the earliest priority date.
2. In the event of lapsing time of 31 months, the application can be submitted within 1 month-grace period. In this case, the Directorate General shall impose a fine of IDR 5.000.000 to the Applicant.
3. In the event of the application is only submitted up to 12 months after the 31 month-time limit, in addition to the fine as stated in point b, a notarized statement explaining the causes which lead to the failure to enter the national phase is also required.

Request for Examination

The Examiners at the Directorate General examine patent applications as to substance. The applicant must request substantive examination on a special form no later than 36 months from the international filing date and pay a special fee.

Appeals

An appeal may be filed against the refusal of a patent application. A request for appeal shall be filed in writing to the Patent Appeal Commission, not later than three months as of the date of the notification of refusal of the patent application. If the Patent Appeal Commission refuses the appeal, the applicant can still file an appeal with the Commercial Court not later than three months after receiving notification of refusal.

Back to Top

PATENT REQUEST FORM

Please fill out and submit the following online order form and, based on your data, we will complete Power of Attorney (PoA) and Declaration forms for you. We will, within one business day, send you by e-mail the completed PoA and Declaration forms for your/your client signature. Please send the simply signed PoA and Declaration back to us, along with other required documents, by registered mail/courier.

Applicant(s)

Applicant (1)

1. Full Name
2. Nationality
3. Full Address

Applicant (2)

1. Full Name
2. Nationality
3. Full Address

Applicant (3)

1. Full Name
2. Nationality
3. Full Address

Inventor(s)

Inventor (1)

1. Full Name
2. Nationality

Inventor (2)

1. Full Name
2. Nationality

Inventor (3)

1. Full Name
2. Nationality

1. Full name of the signatory
2. Title of the signatory
3. Title of Invention

Drawings/Documents (may be sent by mail/courier)

1. Drawing/Document (1)
2. Drawing/Document (2)
3. Drawing/Document (3)
4. Drawing/Document (4)
5. Upload more documents

Priority Claim

1. Is it a priority application?
2. Yes No
3. Priority Date
4. Priority No.
5. Priority Country

Where should correspondence about this application be sent?

1. Contact Full Name
2. Title
3. Company / Organization
4. Full Address
5. Telephone
6. Facsimile
7. Email(valid email required)
8. Website
9. Your Ref Number

1. Verification
2. *All information given above will be treated in a strictly confidential manner.

 

Please ensure to recheck the correctness of your data before you click “Submit”.

Back to Top