Below are the countries that have signed the Patent Cooperation Treaty.
|Country||WIPO Country Code||Codes for exceptions to the standard 30 month deadline||Country||WIPO Country Code||Codes for exceptions to the standard 30 month deadline|
|Antigua and Barbuda||AG||Mauritania||MR||OAPI only|
|Austria||AT||EPO||Moldova||MD||EPO after 1 Nov 2015; MD|
|Australia||AU||N31||Monaca||MC||EPO only - L1|
|Bahrain||BH||Montenegro||ME||EPO+; See YU|
|Belize||BZ||Netherlands||NL||EPO-L2 only, N31|
|Benin||BJ||OAPI only||New Zealand||NZ||N31, NR|
|Bosnia & Herzegovina||BA||EPO+, N34||Nicaragua||NI|
|Burkina Faso||BF||OAPI only||Papua New Guinea||PG|
|Central African Republic||CF||OAPI only||Poland||PL||EPO, NR|
|People's Republic of China||CN||N30/32$||Romania||RO||EPO|
|Colombia||CO||Russian Federation||RU||EuP, N31|
|Congo||CG||OAPI only||Saint Lucia||LC|
|Costa Rica||CR||St. Kitts and Nevis||KN|
|Côte d'Ivoire||CI||OAPI only||St. Vincent & the Grenadines||VC|
|Croatia||HR||EPO, L2, N31||San Marino||SM||EPO|
|Cyprus||CY||EPO only, N31||Senegal||SN||OAPI only|
|Czech Republic||CZ||EPO, N31||São Tomé and Principe||ST||ARIPO|
|Denmark||DK||EPO-L2, N31 (Note: check also DK)||Republic of Serbia||RS||EPO; see YU|
|Dominican Republic||DO||Sierra Leone||SL||ARIPO, N31|
|El Salvador||SV||Slovenia||SI||EPO only - L2|
|Equatorial Guinea||GQ||OAPI only||South Africa||ZA||N31|
|Finland||FI||EPO - L2, N31 (patents only)||Sri Lanka (Ceylon)||LK|
|France||FR||EPO only - L1||Sudan||SD||ARIPO|
|Gabon||GA||OAPI only||Sweden||SE||EPO-L2, N31|
|Georgia||GE||N31||Switzerland (includes Liechtenstein)||CH||EPO-L1|
|Germany||DE||EPO-L1, NR||Syrian Arab Republic||SY|
|Greece||GR||EPO only, N31||Tanzania||TZ||ARIPO, C2|
|Guinea||GN||OAPI only||Trinidad and Tobago||TT|
|Iceland||IS||EPO-L2, N31||Uganda||UG||ARIPO, C2|
|Indonesia||ID||N31||United Arab Emirates||AE|
|Iran||IR||United Kingdom||GB||EPO-L1, N31|
|Ireland||IE||N31||United States of America||US|
|Italy||IT||EPO only, N31||Viet Nam||VN|
|Democratic People's Republic of Korea(North Korea)||KP|
|Republic of Korea (South Korea)||KR||N31, NR|
|Laos||LA||EPO only - L2, NR|
|Liechtenstein||LI||EPO - L1; if joint with Switzerland: EPO only after September 4, 2014|
|Lithuania||LT||EPO - L2, N31; EPO only after September 2, 2014|
|Luxembourg||LU||EPO - L1, C2|
|Macedonia ("Former Yugoslav Republic of Macedonia")||MK||EPO, N31|
|Note: For more information about each of these countries, you can check it at WIPO's PCT Applicant's Guide page.|
C2 “Chapter II Required” – This particular country has not yet changed its national law to follow the post-April 2002 PCT 30-month national entry procedure. A Chapter II demand must still be filed prior 19 months in order to have the benefit of the 30-month national entry timing in these countries. Also note that these countries are available through regional patent systems that have accepted the uniform 30 or 31-month period.
Nxx[/yy$] “Nonstandard National Stage Deadline” – This particular country has a national-phase entry deadline longer than the usual 30 months, where “xx” is the number of months for entry into national phase. If there’s a second number followed by a “$”, the national phase date may be extended to “yy” months on payment of a late filing fee.
NR “No Reinstatement – PCT Rule 49.6 requires that each PCT country allows reinstatement of a PCT application that doesn’t enter the National Stage within the usual 30 month period or, the longer period noted by code Nxx stated above. As stated in this rule, if an applicant missed the deadline, he or she can petition the national patent office to reinstate the application with a fee and within a period of time set forth by that country’s law. However, please note that there are still countries that have not yet changed their law regarding permitting reinstatement according to rule 49.6. With that, an applicant must enter National Stage in these certain countries prior the deadline or the application will be permanently abandoned. See this page for more information.
Countries that are part of a “Regional Patent” system are shown by different symbols. When a country is part of a regional system, an applicant can enter the national phase in that particular country through the regional patent system instead of filing a national application in the individual member country. This allows applicants to file and prosecute one single application that when issued, could be effective in all of the member countries. However, note that an applicant may need to designate which countries they want, to file translations and to pay additional fees per country at the moment they enter the regional phase and/or after the regional patent issues.
… only – When a regional code if followed by “only”, it means that an applicant cannot enter National Stage to get a national patent through PCT. The applicant must use a regional patent to get patent coverage in this country.
EPO – countries that are covered by European Patent Convention (EPC).
When an EPC application is filed, it should be in English, French or German and any or all of the 42 EPO member countries may be designated upon filing the regional application. Note that there is a 31-month deadline to apply for a regional patent through the PCT.
Also, prosecution in the EPO will be in whichever language the application is filed. When the EPC application is allowed, the claims (only) should be translated into the other two languages before the patent will be issued.
After the EPC patent is issued, it should be registered in any of the designated countries in which the applicant wants protection. However, it may require translation of the entire patent into other languages, depending on which countries are selected and what language the patent application was in.
Note: If the country has signed the London Agreement, some or all of the translation burden is mitigated.
Annual fees or “annuities” are charged by the EPO during the pendency of the application. Annuities are charged by most, if not all, EPO member countries from registration through the life of the patent after the patent issues.
London Agreement to the EPC
EPO-L1 – This country has signed the London Agreement. The national patent doesn’t require translation for any EPO patent issued after May 1, 2008. Remember that the EPO requirement for translation of the claims into English, German and French on allowance still applies.
EPO-L2 – That this country has signed the London Agreement in a partial form. An English version of the description and drawings is acceptable, however, claims should be translated into the local language for all EPO patents issued after May 1, 2008. In instances where the original description and drawings weren’t in English, then it needs to be translated into either English or the local language.
EPO+ - The country is not a member of the EPC, but an extension of a European patent is possible.
EPO-V – The country is not a member of the EPC or EPO, but validation of European Patent Application or issued patent is possible. Note that the only country at present that will allow validation is Morocco. This is effective for PCT applications filed on or after March 1, 2015.
OAPI – The country is covered by the OAPI regional Patent (French-speaking African countries)
ARIPO – The country is covered by ARIPO Patent (English-speaking African countries)
EuP – The country is covered by Eurasian Patent (former USSR states) 31-month deadline to enter regional phase.
DK – Special time limits apply to the Faroe Islands and Greenland. The Danish Patent and Trademark Office has notified the International Bureau that, regarding the entry into the national phase in Denmark, special time limits apply to the Faroe Islands and Greenland. The time limit for these areas is 20 months from the priority date, or from the international filing date where there is no priority claim.
The Danish Patent and Trademark Office has notified the International Bureau that the time limit for entry into the national phase, where a demand for international preliminary examination has been filed prior the expiration of nineteen months from the priority date, is thirty months for Greenland and twenty months for the Faroe Islands. With the possibility of extending the time limit by 2 months, the rest of the Danish territory has the time limit of 31 months from the priority date. For more information about the Danish Patent and Trademark Office, you can check their website here.
MD – For Moldova, it had been possible to obtain patent protection through the Eurasian Patent or EuP. However, after April 26, 2012, such protection is no longer available. This is because on October 26. 2011, the Republic of Moldova put a notification of denunciation of the Eurasian Patent Convention that took effect on April 26, 2012.
Note that this denunciation will not affect granted Eurasian patents or PCT applications filed before April 26, 2012, that contain the designation of the Republic of Moldova for a Eurasian patent. These patents and applications will continue to have full effect. Though, as a result of the denunciation, any international application filed on or after April 26, 2012, will encompass the designation of the Republic of Moldova only for a national patent. Moreover, it will not include the designation of that State for a Eurasian patent. As of April 26, 2012, the Eurasian Patent Office will no longer be a competent receiving Office for international applications filed by the nationals and residents of the Republic of Moldova. In this case, the remaining competent receiving Offices will be the State Agency on Intellectual Property of the Republic of Moldova or the International Bureau of WIPO, at the choice of the applicant.
YU – Serbia and Montenegro were part of the Socialist Federal Republic of Yugoslavia from the end of World War II through 1991. The 2 states jointly maintained use of the name “Yugoslavia” even after the post-Communist breakup of that country in 1991. In 2003, the name was changed to “the State Union of Serbia and Montenegro”, but the “YU” code was kept in effect. But in June 2006, the two states separated, the “YU” was replaced by “RS” for Serbia and “ME” for Montenegro.
The “Republic of Serbia” filed a declaration with WIPO on September 19, 2006, stating that “the Republic of Serbia continues the state and legal identity of the State Union of Serbia and Montenegro” and confirmed its membership in the PCT.
The European Patent Organization and the Government of Montenegro signed an agreement on February 16, 2009, regarding the extension of the European Patents to Montenegro. It was announced that the effective date for this extension is March 1, 2010. It will be possible to extend the protection discussed by European patent applications and patents to Montenegro in respect of the international applications filed on or after that date.