Who is eligible to elect Contracting States under PCT Chapter II?
Eligibility to elect Contracting States under PCT Chapter II depends on the applicant’s status and the states’ participation in the treaty. According to MPEP 1864.03:
- Applicants referred to in PCT Article 31(2)(a) may elect any Contracting State bound by Chapter II.
- Applicants referred to in PCT Article 31(2)(b) may only elect Contracting States bound by Chapter II that have declared their willingness to be elected by such applicants.
The MPEP further clarifies: “Only PCT member states which have ratified or acceded to Chapter II and which were designated in the Request may be elected under Chapter II.”
It’s important to note that residents or nationals of states not party to the PCT or not bound by Chapter II are currently not allowed to make a Demand under Article 31(2)(b), as stated in the MPEP: “The Assembly has taken no action to allow persons who are residents or nationals of a State not party to the PCT or not bound by Chapter II to make a Demand under Article 31(2)(b).”
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