Validity of country elections in a PCT filing.

[amgrande]

Dear Sirs,
I would like to have a professional advice about the following situation:

(1)_July 18, 2008. Filing of a provisional patent application in AU
(2)_June 2, 2009. CL becomes active member of the PCT.
(3)_June 6, 2009. PE becomes active member of the PCT.
(4)_July 18, 2009. Will be filed a PCT application in AU claiming priority of the provisional patent application above mentioned in (1), while electing CL and PE as possible countries among others to enter the national phase in the future before deadline.

The query is:

i) Is the PCT application of point (4) considered as being filed in the date of the claimed priority?

ii) Will this national phase in CL and PE be valid (or will be accepted by the CL and PE PTO’s) taking into account that the PCT application is filed claiming priority of a patent application filed before those countries become active members of the PCT?

iii) Is there a PCT rule regarding this issue or each country establishes the limits?

Thanking very much in advance, I remind,

Very truly yours.What is the name of your state (only U.S. law)?

[racer72]

US law only.