Guide for Applicants - Part 2 - Table of Contents B. The EPO as a PCT receiving Office For which states may international applications be filed?

For which states may international applications be filed?

35 An international application may seek patent or another form of protection (utility model, for example) for any PCT contracting state.

Art. 4(1)(ii), 11(1)(iii)(b) PCT R. 4.9(a) PCT(b) PCT Art. 153 EPC WIPO PCT Guide 57

Upon filing of the PCT request, the applicant will obtain automatic and all-inclusive coverage of all designations available under the PCT on the international filing date, in respect of every kind of protection available and in respect of both regional and national patents. The designation EP covers all EPC contracting states for which the PCT and the EPC are in force on the filing date of the international application. A decision on the EPC contracting states in which protection is actually being sought need not be made until the application enters the European phase (see point 215).Therefore, if a state accedes to the EPC after the international filing date, no European patent can be obtained for that state. In this respect, the date of entry into the European phase is irrelevant (see point 39 ff).