How did the election process change for PCT applications filed after January 1, 2004?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The election process for PCT applications underwent a significant change for applications filed on or after January 1, 2004. According to MPEP 1864.03 : “For demands filed before January 1, 2004, only those eligible states pursuant to PCT Article 31 indicated as being elected are elected. The filing of a demand shall constitute the election of all Contracting States which are designated and are bound by Chapter II of the Treaty on the international filing date (PCT Rule 53.7).” This means: Before January 1, 2004: Applicants had to specifically indicate which eligible states they wanted to elect. On or after January 1, 2004: Filing a demand automatically elects all designated Contracting States bound by Chapter II of the PCT. This change simplified the election process and ensured broader coverage for applicants filing international preliminary examination demands. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Demand for International Preliminary Examination Constitutes Election of Contracting States MPEP 1864 Required Demand for International Preliminary Examination After Filing PCT Application MPEP 1864 Demand for International Preliminary Examination Required After Payment of Fees MPEP 1864 Required Demand for International Preliminary Examination Requires Proper Request MPEP 1864 Demand for International Preliminary Examination Must Be Filed on Specific Form MPEP 1864 Recommended Demand Form for International Preliminary Examination Available Free of Charge MPEP 1864 Preliminary Examination and Handling Fees Due Within Time Limit MPEP 1864 Required Demand Constitutes Election for PCT Member States MPEP 1864.03 Required States Elected Based on Designation Be...