Which countries are not members of the PCT?

Since the PCT does not cover every country, applicants interested in foreign patent protection must keep in mind the non-extended 12-month deadline and individual filing requirement for the following non-PCT countries. As of the date of this post, the list of non-PCT countries include:

  • Afghanistan
  • Andorra
  • Argentina
  • Bahamas
  • Bangladesh
  • Bermuda
  • Bhutan
  • Bolivia
  • Burundi
  • Cape Verde
  • East Timor
  • Ethiopia
  • Fiji
  • Gulf Cooperation Council (GCC) (GCC itself is not a member, but all its countries are, including Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and UAE)
  • Guyana
  • Haiti
  • Hong Kong (*may enter through China filing)
  • Iraq
  • Jamaica
  • Lebanon
  • Mauritius
  • Myanmar
  • Nauru
  • Nepal
  • Pakistan
  • Paraguay
  • Rwanda
  • Solomon Islands
  • Somalia
  • Somaliland
  • South Sudan
  • Suriname
  • Taiwan
  • Tonga
  • Uruguay
  • Vanuatu
  • Vatican City (Holy See)
  • Venezuela
  • Western Samoa
  • Yemen
  • Zaire

Filing a PCT national stage application in China will provide the applicant with a subsequent opportunity to file in Hong Kong.

Taiwan is one of the more popular non-PCT Asian countries considered by applicants. If foreign utility patent protection is desired in Taiwan or any of the above non-PCT countries, then you must file separately in each individual non-member country by the 12-month anniversary of your priority date.

What are the PCT member countries?

Here’s a list of PCT countries.

Need help with your PCT national phase filings?

Here’s a helpful summary of requirements for more common PCT national phase countries. Email patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we can help with your PCT national stage filings.

Want helpful IP resources?

Here’s my list of best IP resources.

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Vic Lin

Startup Patent Attorney, Cofounder at Innovation Capital Law Group
We align ourselves with Davids fighting Goliaths. Our registered patent attorneys help innovators get IP that drives funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | vlin@icaplaw.com

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