PCT Newsletter

May 2026 | No. 05/2026

Practical Advice 

Using the PCT to seek regional patents 

Q. The ePCT system for filing a PCT application shows some Contracting States as designations for a national patent only, some for a regional patent only, and others for both a national and a regional patent. Could you please explain how this distinction works and why it matters. What are the consequences for obtaining patent protection?

The PCT System streamlines and simplifies procedures for obtaining patent protection in multiple countries. Additional advantages may result from its combined use with regional patent systems. 

Under PCT Article 45, regional patent treaties and national laws may allow PCT applicants to seek regional patents through the PCT. Four regional treaties currently have such arrangements: the Protocol on Patents and Industrial Designs within the framework of the African Regional Intellectual Property Organization (ARIPO), the Eurasian Patent Convention (EAPC), the European Patent Convention (EPC), and the Agreement establishing the African Intellectual Property Organization (OAPI).[1]

As mentioned in last month’s Practical Advice, the filing of a PCT request constitutes automatic and all-inclusive coverage of all designations available under the PCT on the international filing date, for every kind of protection available for each country concerned (PCT Articles 2(ii), 43 and 44, and Rule 4.9(a)). Such designation also covers both national and regional patents, where applicable (PCT Article 45 and Rule 4.9(a)(iii)). 
During the international phase you do not need to make any indication as regards seeking regional or national patents; you may keep your options open as to whether you will enter the regional phase before the regional Office for countries which are members of one of the above-mentioned regional treaties or the national phase before the relevant national Office, where that is possible. Note that some countries have “closed the national route”, meaning that the State concerned may be designated only for a regional patent; currently this is the case with some EPC and all OAPI States.
The characteristics of regional patent systems vary. Whereas the EPC and ARIPO allow you, when entering the regional phase, to select those States within the regional system where you wish to obtain patent protection, the EAPC and OAPI systems designate all States and it is not possible to omit any State from the designation.
Where you have the choice between seeking national patents or a regional one in the markets you are interested in, you will need to compare the two routes to determine which would be more advantageous in your particular situation. In doing so, you should take into account the applicable laws on patentability as well as the costs of and procedures for obtaining, maintaining and enforcing patent rights, among other considerations.
The decision process will be essentially the same as for any national phase entries. The National Chapters of the PCT Applicant’s Guide contain information on time limits and requirements for entry into the national/regional phase, and special requirements under national laws. Please refer to the WIPO website for tables showing the PCT Contracting States for which a regional patent can be obtained via the PCT, the types of protection available in different Contracting States and the time limits for entering the national/regional phase across all Offices. 
In addition, it should be noted that although different applicants may be indicated for different States designated for a regional patent in a PCT application, where a particular State has been designated for both a national patent and a regional patent, the same applicant or applicants must be indicated for both designations (Section 203(b) of the Administrative Instructions under the PCT). 
Concerning fees, there may be exemptions or reductions if the national or regional phase is entered before an Office that has already performed the international search or international preliminary examination. These are strategic considerations that you may already need to take into account when you file a PCT application, if there is more than one International Searching Authority specified as competent for the searching of international applications by the receiving Offices where you may file an international application. 
As for where to enter the national phase, you should consider your business needs first and foremost, but you may also wish to consider criteria such as efficiency of procedures, any scope for accelerated processing or work-sharing arrangements (for example, Patent Prosecution Highway agreements), availability of remedies to correct mistakes made in the international phase, alternative dispute resolution mechanisms, and so on. 
In addition, further specificities may apply in relation to particular regions. To take just one example: if and when a European patent has been granted, patent owners may request unitary effect of that patent for the territory of any EPC States that are also members of the European Union (EU) and participate in the Unitary Patent system. That means uniform protection and simplified judicial enforcement procedures before the Unified Patent Court (UPC). For more information, visit the EPO website. 
Further information can be found in the Practical Advice in the following issues of the PCT Newsletter:
  • 04/2026: Using the PCT to seek other kinds of protection for an invention than a patent
  • 09/2021: Requesting accelerated national phase processing of an international application
  • 03/2019: Filing strategies: factors to consider when deciding whether to file an international application with a national (or, where applicable, regional) Office or the International Bureau as receiving Office – an example of a US resident who is a national of Canada 
  • 01/2017: PCT and PPH-PROSUR for efficient patent seeking in Latin America

[1] Another regional patent system operates through the Patent Office of the Gulf Cooperation Council (GCC). A GCC patent cannot be obtained via the PCT, as neither the regional treaty nor any of the national laws of its member States currently provide for such possibility under Article 45. However, all six GCC member countries are PCT Contracting States and are designated for national patents.

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