How does the designation of states work in a PCT application?

The designation of states in a PCT application is an important process that determines the potential scope of patent protection. According to MPEP 1821 and 37 CFR 1.432:

“The filing of an international application request shall constitute:

1. The designation of all Contracting States that are bound by the Treaty on the international filing date;
2. An indication that the international application is, in respect of each designated State to which PCT Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State; and
3. An indication that the international application is, in respect of each designated State to which PCT Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent.

This all-inclusive designation system simplifies the application process, automatically including all PCT member states. However, there are limited exceptions where certain states can be excluded from designation under specific circumstances.

To learn more:

• PCT
• Designation of States
• International Application
• Patent Procedure