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-member 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. Along with Hong Kong, Taiwan is one of the more popular non-PCT Asian countries considered by applicants.
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Vic Lin
Startup Patent Attorney | IP Lead Partner at Innovation Capital Law Group
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