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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