PCT National Phase In Indonesia, Malaysia & Singapore (How PCT rule 17(c) is applied)

Question 1
I am writing to ask a question about the PCT National Phase in Indonesia, Malaysia and Singapore. In particular, I would appreciate it if you could answer a question about how PCT Rule 17(c) is applied in Indonesia, Malaysia and Singapore.
Assume the following facts: a year or more after entering the national phase in these three jurisdictions from an international application, but before examination, it is realized that there was an inadvertent failure to submit the priority document both in the international phase and upon entering the national phases. The claim of priority was however properly made on the “Request” in the international phase.
Does the applicant, after discovery of the inadvertent failure, have an opportunity under PCT Rule 17(c) in one or more of these jurisdictions to furnish the priority document within a time limit which is reasonable under the circumstances?
Or, is the priority claim irrevocably lost after expiration of some fixed time limit after the national phase commences set by rule or statute in the pertinent jurisdiction under PCT Rule 17(c)?

Answer 1
PCT Rule 17(c) states that no designated Office shall disregard the priority claim before giving the applicant an opportunity to furnish the priority document within a time limit which shall be reasonable. Therefore, according to the above rule, the claim of priority will not be automatically disregarded if the priority document was not submitted during the international phase and the national phase. Generally, upon entering the national phase in the respective countries, the national offices will conduct a formality examination to ensure that all the required documentation are correct and in good order before proceeding to prosecute the application further. However, if they found that the priority document was not submitted during the international phase, the national office will then notify the applicant of the missing priority document and allow the applicant time to furnish the outstanding document. If the applicant fail to submit the required document after the allowed time, only then will the priority claim be disregarded.

Please be advised that under the current Indonesian, Malaysian and Singapore Law, there is no requirement to submit the priority document at the time of entering a PCT application into national phase in the respective countries. The applicant is only required to provide the details of the priority date, the priority application number and the country of filing in order to claims the priority date of the priority application.

A certified copy of the priority application will only be required to be submitted upon receiving an issued request or notification from the Registrar. If such a request is made by the Registrar, the said certified copy of the priority application must be submitted within two to three months from the date of the Registrar's request depending on jurisdiction.

We hope the above addressed your query.