International Patent Filing under the Patent Cooperation Treaty (PCT): Legal Framework, Procedures, and Strategic Benefits

oleh | Nov 30, 2025 | Hak Cipta

Patent Cooperation Treaty (PCT)

International patent protection has become a critical component of global business strategy. In the technology-driven economy, the commercial value of innovation depends not only on novelty but also on enforceable protection across jurisdictions. Patent rights are territorial, meaning they apply only in jurisdictions where the patent is filed and granted. Therefore, innovators require a coordinated system for securing exclusive rights beyond their domestic market.

The Patent Cooperation Treaty (PCT) offers a recognized mechanism for cross-border patent filing. It allows applicants to submit a single international patent application that reserves one priority date and later choose the countries in which protection is sought during the national phase.

Indonesia became a PCT member through Presidential Decree No. 16/1997 on the Ratification of the Patent Cooperation Treaty and Regulations Under the PCT (Kepres No. 16/1997). The legal basis allowing Indonesian applicants to file under the PCT is provided in Article 33 of Law No. 13/2016 on Patents, as amended Law No. 65 /2024  on the Third Amendment to Law No. 13/2016 on Patents. The PCT is administered by the World Intellectual Property Organization (WIPO) and currently covers more than 150 member jurisdictions.

 

Definition of International Patent Protection

 

International patent protection refers to systems that enable inventors to obtain exclusive rights across multiple countries. There is no global patent, but the PCT functions as a unified filing mechanism that streamlines early procedural stages, preserves a single priority date, and provides preliminary patentability assessments. The PCT does not replace national patent examinations; rather, it simplifies and defers national-level requirements.

Without the PCT, applicants must file separate national applications, comply with different procedural standards, and incur significant early costs. Failure to coordinate filings may result in loss of priority rights, unauthorized commercialization by third parties, and weakened commercial value. The PCT substantially reduces such risks.

 

Advantages of Filing under the PCT System

 

The PCT offers legal, economic, and strategic advantages. Key benefits include:

  1. Uniform Priority Date across Jurisdictions

All designated PCT member states recognize the same priority date, ensuring simultaneous protection timing.

  1. Deferral of Country Selection for Up to 30 Months

Applicants may postpone choosing target countries for up to 30 months from the priority date, allowing time for:

    • market feasibility studies
    • funding and investor negotiations
    • licensing and technology transfer
    • competitor and commercialization analysis
  1. Reductions in Cost and Administrative Burden

A single filing replaces numerous initial national filings, reducing early translation obligations, administrative steps, and professional fees.

  1. Early Patentability Evaluation

Before national entry, applications receive:

    • an International Search Report (ISR)
    • a Written Opinion
    • optionally, an International Preliminary Examination (IPE)

These assessments guide strategic investment decisions prior to national-phase costs.

Also read: Expert Guide to Patent Registration in Indonesia: Secure Your Innovation

 

Procedural Stages of PCT Filing

 

The process consists of two distinct phases:

  • International Phase
    • Submission of a PCT application to a Receiving Office (e.g., the national patent office of Indonesia).
    • A single priority date is established for all designated jurisdictions.
    • The application undergoes:
      • International Search Report (ISR)
      • Written Opinion
      • optional International Preliminary Examination (IPE)
    • The applicant may defer selecting jurisdictions for up to 30 months from the priority date.
  • National Phase
    • The applicant selects the jurisdictions in which patent protection will be pursued.
    • Each country applies its own patent law, which may require:
      • national fees
      • translations (where required)
      • national examination and compliance with domestic regulations
    • Final patentability is determined exclusively by each national authority.

Also read: Patent Licensing in Indonesia: How to Monetize Your Innovation Legally and Effectively

 

Strategic Importance for Innovators and Businesses

The PCT does not grant an international patent. It operates as a global gateway enabling:

    • early protection of inventions before disclosure
    • licensing and cross-border collaboration
    • technology transfer negotiations
    • global commercialization strategies
    • increased market credibility for investors

Integrating the PCT in corporate intellectual property planning enhances competitive positioning and commercial value. For optimal outcomes, applicants are encouraged to work with qualified intellectual property professionals who can assess jurisdictional selection, cost management, and compliance with national requirements.***

Also read: Why Patent Protection Is Crucial for Business Growth in Indonesia

 

A qualified IP attorney in Indonesia can assist with PCT filing strategies in more than 150 jurisdictions to ensure your invention gains global protection. Consult your patent protection through the PCT mechanism with SIP-R Consultants without delay.

 

Regulations:

  • Keputusan Presiden Nomor 16 Tahun 1997 tentang Pengesahan Patent Cooperation Treaty (PCT) and Regulations Under the PCT (“Keppres 16/1997”).
  • Undang-Undang Nomor 13 Tahun 2016 tentang Paten  (“UU Paten”).
  • Undang-Undang Nomor 65 Tahun 2024 tentang Perubahan Ketiga Atas Undang-Undang Nomor 13 Tahun 2016 tentang Paten (“UU Paten 2024”).

References:

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