What restrictions apply to applicants from non-PCT member states regarding the election of Contracting States?
Applicants from non-PCT member states face significant restrictions regarding the election of Contracting States under Chapter II of the PCT. According to MPEP 1864.03:
“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).”
This means:
- Residents or nationals of states not party to the PCT cannot make a demand for international preliminary examination.
- Residents or nationals of PCT member states not bound by Chapter II also cannot make such a demand.
These restrictions ensure that the benefits of the PCT system, particularly those under Chapter II, are limited to applicants from countries that have fully committed to the treaty’s provisions.
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