Legal information about the Patent Cooperation Treaty, which could be submitted to any court.
Currently WIPO – World Intellectual Property Organization administers the Patent Cooperation Treaty. WIPO is situated at 34, chemin des Colombettes CH-1211 Geneva 20, Switzerland, with website link: https://www.wipo.int/portal/en/index.html
Here is the official (LEGAL) information about the Treaty on record which is in force, and the official list of PCT contracting states that have signed this global treaty, as given by WIPO. I am also attaching my electronic correspondence with WIPO pertaining to this official (LEGAL) information which could be submitted to any court in the World. This includes national courts of all 153 PCT contracting states and International court – ICJ.
The official information about the 153 PCT Contracting States and their respective PTO’S (Patent and Trademark Offices) could be accessed at the following website link: https://www.wipo.int/pct/en/guide/index.html
The official Patent Cooperation Treaty on record and currently in force
The official list of PCT contracting states (that have signed the treaty) as on January 2nd, 2020
My e-mail communication with WIPO PCT Infoline
What is a Treaty?
A treaty is a ‘LEGAL document’ that outlines the understanding of multiple countries and legally signed by the countries which want to be part of the understanding. A treaty is a legal document enforceable in court of law. The PCT – Patent Cooperation Treaty was concluded in 1970, amended in 1979, and modified in 1984 and 2001.
USPTO HAS COMMITTED ‘BREACH OF PATENT COOPERATION TREATY’ BY BREACHING ARTICLES 18 AND 19 OF THE TREATY.
Article 18 The International Search Report (1) The international search report shall be established within the prescribed time limit and in the prescribed form. (2) The international search report shall, as soon as it has been established, be transmitted by the International Searching Authority to the applicant and the International Bureau. (3) The international search report or the declaration referred to in Article 17(2)(a) shall be translated as provided in the Regulations. The translations shall be prepared by or under the responsibility of the International Bureau.
Article 19 Amendment of the Claims before the International Bureau (1) The applicant shall, after having received the international search report, be entitled to one opportunity to amend the claims of the international application by filing amendments with the International Bureau within the prescribed time limit. He may, at the same time, file a brief statement, as provided in the Regulations, explaining the amendments and indicating any impact that such amendments might have on the description and the drawings. (2) The amendments shall not go beyond the disclosure in the international application as filed. (3) If the national law of any designated State permits amendments to go beyond the said disclosure, failure to comply with paragraph (2) shall have no consequence in that State.
ARTICLE 11 OF PATENT COOPERATION TREATY SIGNED BY 153 COUNTRIES.
Filing Date and Effects of the International Application
(1) The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that that Office has found that, at the time of receipt: (i) the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office, (ii) the international application is in the prescribed language, (iii) the international application contains at least the following elements: (a) an indication that it is intended as an international application, (b) the designation of at least one Contracting State, (c) the name of the applicant, as prescribed, (d) a part which on the face of it appears to be a description, (e) a part which on the face of it appears to be a claim or claims.
(2)(a) If the receiving Office finds that the international application did not, at the time of receipt, fulfill the requirements listed in paragraph (1), it shall, as provided in the Regulations, invite the applicant to file the required correction. (b) If the applicant complies with the invitation, as provided in the Regulations, the receiving Office shall accord as the international filing date the date of receipt of the required correction.
(3) Subject to Article 64(4), any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) and accorded an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.
(4) Any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) shall be equivalent to a regular national filing within the meaning of the Paris Convention for the Protection of Industrial Property.
Simple explanation of International filing
It is very important for people all over the world, to understand the effects of filing a PCT – International application. The effects of filing a PCT application are clearly outlined in Article 11 of the PCT, the text of which has been pasted above. You can read the same in the PCT treaty pdf file link provided above, in page 12 of the document.
The points 3 and 4 of Article 11 very clearly state the effect of filing a PCT application, which is same as filing regular national stage applications in all 153 PCT countries, as of the filing date of PCT international application.
Information about my Patent, its claims, and good claim drafting techniques.
A Patent is only strong as its claims. Some relevant information about patent claims and their drafting.
Some ‘Patent law’ details are given here. The Claims in a patent form the ‘Legal language’ of the patent on which infringement suits are fought in the court. The claims begin with the words – I claim or it is claimed: following with the sentences that legally define the invention and its infringement related legal sentences. Every word, every sentence will be drilled to its meaning, supported by the drawings, summary, detailed description, the entire non-claim text in the patent, for fall back or reference to the sentences and words in claims.
In summary, a patent is only as strong as its claims in court. This brings me to the 23 claims in my patent US 8,910,998 which are exactly the same in PCT international application PCT/US2014/046619. The claims have been drafted, refined, strengthened, and made bulletproof by me, after multiple iterations, and reviews; to make them impenetrable by automotive OEM’S across the world. Simply put, all automotive OEM’S across the world cannot like not infringe when they embrace my technology to their vehicles at production / manufacturing plants. However, my invention is now beyond that point of infringement of patent or IP rights. Myself and India are upon full liability claim and settlement by distributing invention IP rights and downstream businesses to each of the 62 countries by way of 62 sale agreements.
The drafting of 23 claims comprised of three independent claims and 20 dependent claims.
I give some specifics on how I structured the claims in my invention. I divided the 23 claims into three Independent claims and 20 dependent claims. The three Independent claims 1, 16, and 23 were each authored to target a set of infringers.
Independent claim 1 is specific to Automotive manufacturing plants / OEM’S when they build the vehicle with my invention technology / design. I kept the claim 1 as broad as I could and the limitation in what is going to be the popular design adopted was moved into dependent claim 2.
Independent claim 16 is specific to Automotive manufacturing plants / OEM’S and/or dealers selling the vehicles. Here the first chosen color is injected at the point of sale. Claim 23 is for the downstream businesses that provide color change services to vehicles, which include the steps listed in the claim. If you have understood this, you are aware of good claim drafting technique.