What is the process for electing states in an international patent application under PCT?
The process for electing states in an international patent application under the Patent Cooperation Treaty (PCT) is governed by MPEP 1864.03 and PCT Article 31. Key points include:
- The demand for international preliminary examination must indicate the Contracting States where the applicant intends to use the examination results (“elected States”).
- Additional states can be elected later, but only from those already designated under Article 4.
- As of January 1, 2004, filing a demand automatically constitutes the election of all Contracting States bound by Chapter II of the Treaty on the international filing date, as per PCT Rule 53.7.
The MPEP states: “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.”
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