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)
- 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
For Hong Kong, filing a PCT national stage application in China will provide the applicant with a subsequent opportunity to enter HK.
How to file patents in non-PCT countries
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. In other words, you do not get the extra 18 months provided by the PCT.
This might mean that you file both a PCT application and individual applications in non-member countries around the same time.
What are the PCT member countries?
See my article on member countries and how to choose. Here is 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.
If you need to file patents in Taiwan, we can coordinate your filings with experienced patent firms who know their stuff.
Want helpful IP resources?
Here’s my list of best IP resources.
