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