Can additional Contracting States be elected after filing the initial demand for international preliminary examination?
Yes, additional Contracting States can be elected after filing the initial demand for international preliminary examination. According to MPEP 1864.03, which cites PCT Article 31(4)(a):
“Additional Contracting States may be elected later. Election may relate only to Contracting States already designated under Article 4.”
This provision allows applicants to:
- Expand their election after the initial demand is filed.
- Elect only those states that were previously designated in the international application under PCT Article 4.
It’s important to note that while additional elections are possible, they must still comply with the eligibility requirements for election under Chapter II of the PCT.
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