1817 PCT Member States [R-7]

An updated list of PCT Contracting States is available from WIPO’s web site (www.wipo.int/pct/guide/en/gdvol1/annexes/annexa/ax_a.pdf). The following list of PCT Contracting States was updated at the time of publication of the MPEP:


State	Ratification, Accession or Declaration	Date of Ratification, Accession or Declaration	Date From Which State May Be Designated
(1) Central African Republic°	Accession	15 September 1971	01 June 1978
(2) Senegal°	Ratification	08 March 1972	01 June 1978
(3) Madagascar	Ratification	27 March 1972	01 June 1978
(4) Malawi	Accession	16 May 1972	01 June 1978
(5) Cameroon°	Accession	15 March 1973	01 June 1978
(6) Chad°	Accession	12 February 1974	01 June 1978
(7) Togo°	Ratification	28 January 1975	01 June 1978
(8) Gabon°	Accession	06 March 1975	01 June 1978
(9) United States of America	Ratification	26 November 1975	01 June 1978
(10) Germany°°	Ratification	19 July 1976	01 June 1978
(11) Congo°	Accession	08 August 1977	01 June 1978
(12) Switzerland°°	Ratification	14 September 1977	01 June 1978
(13) United Kingdom°°	Ratification	24 October 1977	01 June 1978
(14) France°°	Ratification	25 November 1977	01 June 1978
(15) Russian Federation	Ratification	29 December 1977	01 June 1978
(16) Brazil	Ratification	09 January 1978	01 June 1978
(17) Luxembourg°°	Ratification	31 January 1978	01 June 1978
(18) Sweden°°	Ratification	17 February 1978	01 June 1978
(19) Japan	Ratification	01 July 1978	01 October 1978
(20) Denmark°°	Ratification	01 September 1978	01 December 1978
(21) Austria°°	Ratification	23 January 1979	23 April 1979
(22) Monaco°°	Ratification	22 March 1979	22 June 1979
(23) Netherlands°°	Ratification	10 April 1979	10 July 1979
(24) Romania°°	Ratification	23 April 1979	23 July 1979
(25) Norway °°	Ratification	01 October 1979	01 January 1980
(26) Liechtenstein°°	Accession	19 December 1979	19 March 1980
(27) Australia	Accession	31 December 1979	31 March 1980
(28) Hungary °°	Ratification	27 March 1980	27 June 1980
(29) Democratic People’s Republic of Korea (North Korea )	Accession	08 April 1980	08 July 1980
(30) Finland°°	Ratification	01 July 1980	01 October 1980
(31) Belgium°°	Ratification	14 September 1981	14 December 1981
(32) Sri Lanka	Accession	26 November 1981	26 February 1982
(33) Mauritania°	Accession	13 January 1983	13 April 1983
(34) Sudan	Accession	16 January 1984	16 April 1984
(35) Bulgaria °°	Accession	21 February 1984	21 May 1984
(36) Republic of Korea (South Korea)	Accession	10 May 1984	10 August 1984
(37) Mali°	Accession	19 July 1984	19 October 1984
(38) Barbados	Accession	12 December 1984	12 March 1985
(39) Italy°°	Ratification	28 December 1984	28 March 1985
(40) Benin°	Accession	26 November 1986	26 February 1987
(41) Burkina Faso°	Accession	21 December 1988	21 March 1989
(42) Spain°°	Accession	16 August 1989	16 November 1989
(43) Canada	Ratification	02 October 1989	02 January 1990
(44) Greece°°	Accession	09 July 1990	09 October 1990
(45) Poland°°	Accession	25 September 1990	25 December 1990
(46) Côte d’Ivoire°	Ratification	31 January 1991	30 April 1991
(47) Guinea°	Accession	27 February 1991	27 May 1991
(48) Mongolia	Accession	27 February 1991	27 May 1991
(49) Czech Republic °°	Declaration	18 December 1992	01 January 1993
(50) Ireland°°	Ratification	01 May 1992	01 August 1992
(51) Portugal°°	Accession	24 August 1992	24 November 1992
(52 ) New Zealand	Accession	01 September 1992	01 December 1992
(53) Ukraine	Declaration	21 September 1992	25 December 1991
(54) Viet Nam	Accession	10 December 1992	10 March 1993
(55) Slovakia °°	Declaration	30 December 1992	01 January 1993
(56) Niger°	Accession	21 December 1992	21 March 1993
(57) Kazakhstan	Declaration	16 February 1993	25 December 1991
(58) Belarus	Declaration	14 April 1993	25 December 1991
(59) Latvia°°	Accession	07 June 1993	07 September 1993
(60) Uzbekistan	Declaration	18 August 1993	25 December 1991
(61) China	Accession	01 October 1993	01 January 1994
(62) Slovenia °°	Accession	01 December 1993	01 March 1994
(63) Trinidad and Tobago	Accession	10 December 1993	10 March 1994
(64) Georgia	Declaration	18 January 1994	25 December 1991
(65) Kyrgyzstan	Declaration	14 February 1994	25 December 1991
(66) Republic of Moldova	Declaration	14 February 1994	25 December 1991
(67) Tajikistan	Declaration	14 February 1994	25 December 1991
(68) Kenya	Accession	08 March 1994	08 June 1994
(69) Lithuania°°	Accession	05 April 1994	05 July 1994
(70) Armenia	Declaration	17 May 1994	25 December 1991
(71) Estonia °°	Accession	24 May 1994	24 August 1994
(72) Liberia	Accession	27 May 1994	27 August 1994
(73) Swaziland	Accession	20 June 1994	20 September 1994
(74) Mexico	Accession	01 October 1994	01 January 1995
(75) Uganda	Accession	09 November 1994	09 February 1995
(76) Singapore	Accession	23 November 1994	23 February 1995
(77) Iceland°°	Accession	23 December 1994	23 March 1995
(78) Turkmenistan	Declaration	01 March 1995	25 December 1991
(79) The former Yugoslov Republic of Macedonia	Accession	10 May 1995	10 August 1995
(80) Albania	Accession	04 July 1995	04 October 1995
(81) Lesotho	Accession	21 July 1995	21 October 1995
(82) Azerbaijan	Accession	25 September 1995	25 December 1995
(83) Turkey°°	Accession	01 October 1995	01 January 1996
(84) Israel	Ratification	01 March 1996	01 June 1996
(85) Cuba	Accession	16 April 1996	16 July 1996
(86) Saint Lucia	Accession	30 May 1996	30 August 1996
(87) Bosnia and Herzegovina	Accession	07 June 1996	07 September 1996
(88) Serbia	Ratification	01 November 1996	01 February 1997
(89) Ghana	Accession	26 November 1996	16 February 1997
(90) Zimbabwe	Accession	11 March 1997	11 June 1997
(91) Sierra Leone	Accession	17 March 1997	17 June 1997
(92) Indonesia	Accession	05 June 1997	05 September 1997
(93) Gambia	Accession	09 September 1997	09 December 1997
(94) Guinea-Bissau°	Accession	12 September 1997	12 December 1997
(95) Cyprus°°	Accession	01 January 1998	01 April 1998
(96) Croatia °°	Accession	01 April 1998	01 July 1998
(97) Grenada	Accession	22 June 1998	22 September 1998
(98) India	Accession	07 September 1998	07 December 1998
(99) United Arab Emirates	Accession	10 December 1998	10 March 1999
(100) South Africa	Accession	16 December 1998	16 March 1999
(101) Costa Rica	Accession	03 May 1999	03 August 1999
(102) Dominica	Accession	07 May 1999	07 August 1999
(103) United Republic of Tanzania	Accession	14 June 1999	14 September 1999
(104) Morocco	Accession	08 July 1999	08 October 1999
(105) Algeria	Ratification	08 December 1999	08 March 2000
(106) Antigua and Barbuda	Accession	17 December 1999	17 March 2000
(107) Mozambique	Accession	18 February 2000	18 May 2000
(108) Belize	Accession	17 March 2000	17 June 2000
(109) Colombia	Accession	29 November 2000	28 February 2001
(110) Ecuador	Accession	07 February 2001	07 May 2001
(111) Equatorial Guinea°	Accession	17 April 2001	17 July 2001
(112) Philippines	Ratification	17 May 2001	17 August 2001
(113) Oman	Accession	26 July 2001	26 October 2001
(114) Zambia	Accession	15 August 2001	15 November 2001
(115) Tunisia	Accession	10 September 2001	10 December 2001
(116) Saint Vincent and the Grenadines	Accession	06 May 2002	06 August 2002
(117) Seychelles	Accession	07 August 2002	07 November 2002
(118) Nicaragua	Accession	06 December 2002	06 March 2003
(119) Papua New Guinea	Accession	14 March 2003	14 June 2003
(120) Syrian Arab Republic	Accession	26 March 2003	26 June 2003
(121) Egypt	Ratification	06 June 2003	06 September 2003
(122) Botswana	Accession	30 July 2003	30 October 2003
(123) Namibia	Accession	01 October 2003	01 January 2004
(124) San Marino	Accession	14 September 2004	14 December 2004
(125) Comoros	Accession	03 January 2005	03 April 2005
(126) Nigeria	Accession	08 February 2005	08 May 2005
(127) Libyan Arab Jamahiriya	Accession	15 June 2005	15 September 2005
(128) Saint Kitts and Nevis	Accession	27 July 2005	27 October 2005
(129) Lao People’s Democratic Republic	Accession	14 March 2006	14 June 2006
(130) Honduras	Accession	20 March 2006	20 June 2006
(131) Malaysia	Accession	16 May 2006	16 August 2006
(132) El Salvador	Accession	17 May 2006	17 August 2006
(133) Guatemala	Accession	14 July 2006	14 October 2006
(134) Malta °°	Accession	01 December 2006	01 March 2007
(135) Montenegro	Declaration	04 December 2006	03 June 2006
(136) Bahrain	Accession	18 December 2006	18 March 2007

(137) Dominican Republic	Accession	28 February 2007	28 May 2007
(138) Angola	Accession	27 September 2007	27 December 2007
(139) Sao Tome and Principe	Accession	03 April 2008	03 July 2008
°Members of African Intellectual Property Organization (OAPI) regional patent system. Only regional patent protection is available for OAPI member states. A designation of any state is an indication that all OAPI states have been designated.
°°Members of European Patent Convention (EPC) regional patent system. Either national patents or European patents for member States are available through PCT, except for Belgium, Cyprus, France, Greece, Ireland, Italy, Latvia, Malta, Monaco, Netherlands, and Slovenia, for which only European patents are available if the PCT is used.
The following states are members of African Regional Intellectual Property Organization (ARIPO) regional patent system and are Contracting States of both the Harare Protocol and the PCT: (4) Malawi, (34) Sudan, (68) Kenya, (73) Swaziland, (75) Uganda, (81) Lesotho, (89) Ghana, (90) Zimbabwe, (91) Sierra Leone, (93) Gambia, (103) United Republic of Tanzania, (107) Mozambique, (114) Zambia, (122) Botswana, and (123) Namibia. Note that with the accession of Botswana to the PCT, all 14 States party to the Harare Protocol are now also Contracting States of the PCT. State (73) Swaziland can only be designated for the purposes of an ARIPO patent and not for the purposes of a national patent. All other PCT Contracting States which are also party to the Harare Protocol can be designated either for a national or an ARIPO patent, or both a national and an ARIPO patent.
The following states are members of the Eurasian Patent Organization (EAPO) regional patent system: (15) Russian Federation, (57) Kazakhstan, (58) Belarus, (65) Kyrgyzstan, (66) Republic of Moldova, (67) Tajikistan, (70) Armenia, (78) Turkmenistan, and (82) Azerbaijan. All PCT Contracting States which are also party to the Eurasian Patent Convention can be designated either for a national or a Eurasian patent, or both a national and a Eurasian patent. Note, however, that it is not possible to designate only some of these States for a Eurasian patent and that any designation of one or more States for a Eurasian patent will be treated as a designation of all the States which are party to both the Convention and the PCT for a Eurasian patent.

1817.01 Designation of States in International Applications Having an International Filing Date On or After January 1, 2004 [R-5]

[Note: The regulations under the PCT were changed effective January 1, 2004. A corresponding change was made to Title 37 of the Code of Federal Regulations. See January 2004 Revision of Patent Cooperation Treaty Application Procedure , 68 FR 59881 (Oct. 20, 2003), 1276 O.G. 6 (Nov. 11, 2003). All international applications having an international filing date before January 1, 2004, will continue to be processed under the procedures in effect on the international filing date. For the designation of states in international applications having an international filing date before January 1, 2004, see MPEP § 1817.01(a) for the information that previously appeared in this section] .

4 The Request (Contents)

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4.9. Designation of States; Kinds of Protection; National and Regional Patents

(a) The filing of a request shall constitute:
- (i) the designation of all Contracting States that are bound by the Treaty on the international filing date;
- (ii) an indication that the international application is, in respect of each designated State to which Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State:
- (iii) an indication that the international application is, in respect of each designated State to which Article 45(1) applies, for the grant of a regional patent and also, unless Article 45(2) applies, a national patent.
(b) Notwithstanding paragraph (a)(i), if, on October 5, 2005, the national law of a Contracting State provides that the filing of an international application which contains the designation of that State and claims the priority of an earlier national application having effect in that State shall have the result that the earlier national application ceases to have effect with the same consequences as the withdrawal of the earlier national application, any request in which the priority of an earlier national application filed in that State is claimed may contain an indication that the designation of that State is not made, provided that the designated Office notifies the International Bureau by January 5, 2006, that this paragraph shall apply in respect of designations of that State and that the notification is still in force on the international filing date. The information received shall be promptly published by the International Bureau in the Gazette.
(c) [Deleted]

37 C.F.R. 1.432 Designation of States by filing an international application.

The filing of an international application request shall constitute:

(a) The designation of all Contracting States that are bound by the Treaty on the international filing date;
(b) 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
(c) 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.

For international applications having an international filing date on or after January 1, 2004, the filing of an international application request constitutes: (A) the designation of all Contracting States that are bound by the Treaty on the international filing date; (B) 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 (C) 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. See 37 CFR 1.432 and PCT Rule 4.9 . This automatic indication of all designations and all types of protection possible overcomes a pitfall in the designation system in effect for applications having an international filing prior to January 1, 2004, where applicants inadvertently omitted a designation or type of protection and failed to timely satisfy the requirements under former PCT Rule 4.9 (b) to perfect a precautionary designation.

Pursuant to PCT Rule 4.9 (b), certain States may be excepted from the all-inclusive designation system under limited circumstances. Specifically, where the international application contains a priority claim to an earlier national application having effect in a State whose national law provides that the designation of such State has the result that the earlier national application ceases to have effect in such State, then the request may contain an indication that such State is not designated. Applicability of PCT Rule 4.9 (b) is contingent upon timely notice by the affected Office to the International Bureau. As of April 1, 2006, the request may exclude the following designations: Germany (DE), Japan (JP), Republic of Korea (KR), and Russian Federation (RU). See "Reservations and Incompatibilities" at http://www.wipo.int/pct/en/applicants.html for further information.

APPLICANT FOR PURPOSES OF EACH DESIGNATION

Where there is but a single applicant, the right to file an international application and to designate Contracting States or regions exists if the applicant is a resident or national of a PCT Contracting State. The applicant can be an individual, corporate entity or other concern. In the case where there are several applicants who are different for different designated states, the right to file an international application and to designate Contracting States or regions exists if at least one of them is a resident or national of a Contracting State. If entry into the U.S. national phase is desired, inventors must be indicated as applicants at least for purposes of the United States.

1817.01(a) Designation of States and Precautionary Designations in International Applications Having an International Filing Date Before January 1, 2004 [R-6]

[Note: For the designation of States in applications having an international filing date on or after January 1, 2004, see MPEP § 1817.01 .]

Former

37 C.F.R. 1.432 Designation of States and payment of designation and confirmation fees.

(a) The designation of States including an indication that applicant wishes to obtain a regional patent, where applicable, shall appear in the Request upon filing and must be indicated as set forth in PCT Rule 4.9 and section 115 of the Administrative Instructions . Applicant must specify at least one national or regional designation on filing of the international application for a filing date to be granted.
(b) If the fees necessary to cover all the national and regional designations specified in the Request are not paid by the applicant within one year from the priority date or within one month from the date of receipt of the international application if that month expires after the expiration of one year from the priority date, applicant will be notified and given one month within which to pay the deficient designation fees plus a late payment fee. The late payment fee shall be equal to the greater of fifty percent of the amount of the deficient fees up to a maximum amount equal to the basic fee, or an amount equal to the transmittal fee (PCT Rule 16 bis ). The one-month time limit set in the notification of deficient designation fees may not be extended. Failure to timely pay at least one designation fee will result in the withdrawal of the international application.
- (1) The one designation fee must be paid:
  - (i) Within one year from the priority date;
  - (ii) Within one month from the date of receipt of the international application if that month expires after the expiration of one year from the priority date; or
  - (iii) With the late payment fee defined in this paragraph within the time set in the notification of the deficient designation fees or in accordance with PCT Rule 16 bis .1 (e).
- (2) If after a notification of deficient designation fees the applicant makes timely payment, but the amount paid is not sufficient to cover the late payment fee and all designation fees, the Receiving Office will, after allocating payment for the basic, search, transmittal and late payment fees, allocate the amount paid in accordance with PCT Rule 16 bis .1 (c) and withdraw the unpaid designations. The notification of deficient designation fees pursuant to this paragraph may be made simultaneously with any notification pursuant to § 1.431 (c).
(c) The amount payable for the designation fee set forth in paragraph (b) is:
- (1) The designation fee in effect on the filing date of the international application, if such fee is paid in full within one month from the date of receipt of the international application;
- (2) The designation fee in effect on the date such fee is paid in full, if such fee is paid in full later than one month from the date of receipt of the international application but within one year from the priority date;
- (3) The designation fee in effect on the date one year from the priority date, if the fee was due one year from the priority date, and such fee is paid in full later than one month from the date of receipt of the international application and later than one year from the priority date; or
- (4) The designation fee in effect on the international filing date, if the fee was due one month from the international filing date and after one year from the priority date, and such fee is paid in full later than one month from the date of receipt of the international application and later than one year from the priority date.
(d) On filing the international application, in addition to specifying at least one national or regional designation under PCT Rule 4.9 (a), applicant may also indicate under PCT Rule 4.9 (b) that all other designations permitted under the Treaty are made.
- (1) Indication of other designations permitted by the Treaty under PCT Rule 4.9 (b) must be made in a statement on the Request that any designation made under this paragraph is subject to confirmation ( PCT Rule 4.9 (c)) not later than the expiration of 15 months from the priority date by:
  - (i) Filing a written notice with the United States Receiving Office specifying the national and/or regional designations being confirmed;
  - (ii) Paying the designation fee for each designation being confirmed; and
  - (iii) Paying the confirmation fee specified in § 1.445 (a)(4).
- (2) Unconfirmed designations will be considered withdrawn. If the amount submitted is not sufficient to cover the designation fee and the confirmation fee for each designation being confirmed, the Receiving Office will allocate the amount paid in accordance with any priority of designations specified by applicant. If applicant does not specify any priority of designations, the allocation of the amount paid will be made in accordance with PCT Rule 16 bis .1 (c).

The designation of States is the indication, in Box No. V of the request (except in the last sub-box of that Box), of the specific regional patents, national patents, and/or other kinds of protection the applicant is seeking. Specific designations for the purpose of obtaining national and regional patents are effected by indicating each Contracting State or region concerned. On the printed form, this is accomplished by marking the appropriate check-boxes next to the names of the States or regions. For detailed instructions regarding "specific" designations, see the "Notes to the Request Form (PCT/RO/101)."

All designations must be made in the international application on filing; none may be added later. However, there is a safety net designed to protect applicants who make mistakes or omissions among the specific designations, by way of making a precautionary designation of all other States which have not been specifically designated in the Request whose designation would be permitted under the Treaty.

In addition to specific designations described above, the applicant may, under PCT Rule 4.9(b) , indicate in the request that all designations which would be permitted under the PCT are also made, provided that at least one specific designation is made and that the request also contains a statement relating to the confirmation of any precautionary designations so made. That statement must declare that any such designation is subject to confirmation (as provided in Rule 4.9 (c)), and that any such designation which is not so confirmed before the expiration of 15 months from the priority date is to be regarded as withdrawn by the applicant at the expiration of that time limit.

Precautionary designations are effected in practice by including the necessary statement in the last sub-box of Box No. V of the request (the statement is set out in the printed request form). Since the precautionary designations are designed particularly to enable applicants to correct omissions and mistakes in the original list of specific designations, it is strongly recommended that applicants make the precautionary designations indication (by leaving the pre-printed statement in the printed form, if that form is used) unless there is a particular reason for doing otherwise. The request form makes provision for the applicant to omit designations if that is desired. It should be noted that no fees are payable in respect of precautionary designations except where the applicant later decides to confirm them.

Precautionary designations will be regarded as withdrawn by the applicant unless they are confirmed, but the applicant is not obliged to confirm them. The precautionary designation procedure enables the applicant to make, in the request, all designations permitted by the PCT in addition to those made specifically. For this purpose, the request must also contain a statement that any precautionary designations so made are subject to confirmation as provided in Rule 4.9 (c) and that any designation which is not so confirmed before the expiration of 15 months from the priority date is to be regarded as withdrawn by the applicant at the expiration of that time limit. Noting that the confirmation of designations is entirely at the applicant’s discretion, no notification is sent to the applicant reminding him or her that the time limit for confirming precautionary designations is about to expire. Applicants are cautioned that in order for the confirmation of a designation of the U.S. to be valid, the inventor must have been named in the application papers as filed, 37 CFR 1.421(b) .

APPLICANT FOR PURPOSES OF EACH DESIGNATION

Where there is but a single applicant, the right to file an international application and to designate contracting states or regions exists if the applicant is a resident or national of a contracting state. The applicant can be an individual, corporate entity or other concern. If the United States is to be designated, it is particularly important to note that the applicant must also be the inventor.

In the case where there are several applicants who are different for different designated states, the right to file an international application and to designate contracting states or regions exists if at least one of them is a resident or national of a contracting state. If the United States is to be designated, it is important to note that the applicant must also be the inventor. If the inventor is not also the applicant, the designation of the United States is invalid.

1817.02 Continuation or Continuation-in-Part Indication in the Request [R-7]

4 The Request (Contents)

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4.11. Reference to Continuation or Continuation-in-Part, or Parent Application or Grant

(a) If:

*****

(ii) the applicant intends to make an indication under Rule 49 bis .1(d) of the wish that the international application be treated, in any designated State, as an application for a continuation or a continuation-in-part of an earlier application;
the request shall so indicate and shall indicate the relevant parent application or parent patent or other parent grant.

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The Supplemental Box of the request form should be used where the applicant has an earlier pending United States nonprovisional application or international application designating the U.S. and wishes the later filed international application to be treated as a continuation or continuation-in-part of such earlier application. To properly identify the parent application, the specific reference must identify the parent application by application number and indicate the relationship to the parent application (i.e., "continuation" or "continuation-in-part"). The specific reference must also indicate the filing date of the parent application if the parent application is an international application. See 37 CFR 1.78 (a).

Identification of the parent application in the request does not relieve applicants from having to perfect the benefit claim upon entry into the U.S. national stage by including a proper claim in an application data sheet or in the first sentence(s) of the specification (see 37 CFR 1.78 (a)(2)). However, inclusion of a proper reference to the parent application in the international phase does provide certain benefits to applicants, e.g., where applicant chooses to file a continuing application claiming benefit under 35 U.S.C. 365 (c) to the international application (i.e., a bypass application) rather than entering the U.S. national phase under 35 U.S.C. 371 .