The first step in generation of intellectual property is the inception of an idea to address or resolve some technical problem or an alternative/better way to resolve a problem. At this stage, the inventor does not know if the “idea” is a novel or he/ she has just reinvented the wheel. To demonstrate that the idea could work, it needs an infrastructure. However, this is time consuming effort. Suppose, the initial “belief” is that the idea is novel, then the first step towards IP protection would be to file a “provisional application”, which would secure the “Date of invention”. The filing of “provisional application” has two-fold advantages. First, it would secure the inventor a “date of invention” as filing date and if anyone comes up with the same idea before the inventor develops/ configures the invention further, the inventor still holds the “priority” to get his claim granted on the basis of "earlier priority date”. Second, the inventor gets a “life line” for a year from the date of filing of “provisional” application to work on his invention, shape that better and generate more data to file a full scape patent application, called as “non-provisional application”. The filing of provisional application is cheap and if within a year inventor drops the idea to develop further, then there is no obligation to file a “non provisional” application. Even, later on the same inventor could start working on the same invention as “provisional” application never gets published and it would never be shown as a prior art against his application later on. The “secret” will remain as “secret” with the patent office, only the inventor can’t claim the priority if the full-fledged “non provisional” application is filed more than a year from that provisional application.
However, before a provisional application has been drafted and filed online, pHNiNE recommends a Novelty search. At this point the claim Is not drafted, even no data/ supportive information is available, but based on the “idea” shared, a quick novelty search could be carried out. This could help the inventor to get informaion about possible competitions (players / competitors/ technologies) in the specific technology domain and on that basis pHNiNE could guide inventors to reshape the idea, to broaden the concept or limit. So, its not a “blind filing” of patent application in form of a “provisional”, rather we provide a strategic move at the beginning of the IP generation. Our pHNiNE scientists, subject matter experts would recommend the inclusion of possible adjacent areas in “provisional” patent application (possible white spaces) so that the inventor does not miss out anything during the filing of “non provisional” application in later stage.
The discovery phase as per pHNiNE takes place after the provisional filing in many cases. Surprizing? but true! The inventor generates sufficient data to prove that the idea/ technology works. At this point the inventor must look for maximizing the gain from the patenting. pHNiNE recommends a “Patent and Technical Landscape” at this step. This would of a great help in many ways. How much the adjacent technical areas could be “covered” (white spaces), possible competitors, the technology trend and possible “blockages”. So the inventor could remain prepared for possible “office actions” long before. Even the inventor could include the related ‘references (patent and non-patent literatures) later in the non-provisional application and put forward a strong justification for patentability. Patent and technical landscape is done in a manner that it covers a broad area so that it could serve the purpose or basis for next patent application in same technical areas and would help the inventor to generate the next idea! You may call is innovative way to create an innovation.
The invention takes shape during this stage. Inventor gathers more data as well as the examples and comparative examples necessitated to support the invention. The scope of invention, how broader the area could be claimed. In a nutshell, its called the “scope of invention”. Once the scope of the invention becomes clear, pHNiNE patent drafter gets engaged in regular meetings with the inventor. The draft claims are construed and the claim language is checked. Based on the claims construed, pHNiNE analyst conducts a patentability search to look for any related prior art (invention) is available in patent, journal or in any other public documents. Based on the Patentability search report, the claims are revised if needed. The scope of the invention could be further broadened or made limited. Patentability search report is also served as a source for citing appropriate references as background for the patent application.
On the basis of patentability search report shared by pHNiNE analysist the patent application, the claims are revised with more precision . Even, patent analyst looks for additional scope to cover if the opportunity is found. It involves gathering of some new data in form of examples and comparative examples if applicable. In this phase, the pHNiNE patent drafter and the analyst work hand -in-hand to make a final patent application supported by the patentability search report. Its like demonstrating the skill to successfully address a series of mock office actions. This would definitely reduce the risk against the possible resistance during real office action (by patent office) and possible opposition/ infringements against the application in future. Once, the final draft is prepared, pHNiNE patent agent initiates the process for filing “non-provisional “ application online. pHNiNE also recommends a mock Freedom to Action search prior to patent application. So that the inventor could get some short of assurance that the Invention could be practicable commercially if the application is granted.
Filing a patent application through pHNiNE means it goes through a comprehensive de-risking activities to ensure an inventor gets maximum benefit from his application.
pHNiNE support does n't end with filing the patent application. It treats the filing as first step of securing the IP. Speciality of pHNiNE also pertains to provide support during the questions and objections raised by the patent office (Office action). pHNiNE subject matter experts, duly trained in IP could fight to protect your claims and continuously justify them as a techno-legal support.
Patent filing process is a journey and pHNiNE supports inventor till the grant of the patent and beyond. In case of an opposition or infringement by a third party, we also help with references and prosecution support.
We believe every question a customer asks is a good question. From those questions either they could learn or we could or both. So do n't hesitate to put forward your questions......we would provide same importance to every point you ask.