The Book

The Patent Architect

A practical guide to patent drafting, prosecution, and IP strategy across India, the United States, Europe, and the PCT, including AI-assisted practice.

By Shubham Sanjay Banne

19Chapters
7Appendices
4Phases
30AI Prompts
3Jurisdictions
Who It Is For

Built for people working with inventions and patents.

  • Patent practitioners, attorneys, and agents
  • Inventors, founders, and technology teams
  • Law students and patent examination aspirants
  • IP researchers, educators, and strategists
Formats

Choose a reading format.

  • Kindle eBook
  • Paperback
  • Hardcover

Retailer links are shown on the formats page when they are available.

Phase 1

The Architecture of Innovation

What a patent really is, the global IP chessboard, the economics of when to patent, and the four patentability gates.

1

What a Patent Actually Is (And What It Isn’t)

The Right to Exclude, Not the Right to Make

A first-principles explanation of what a patent is - a right to exclude others, not to make or launch your invention. Confusing the two destroys strategy. Covers the statutory definitions, the duration of the exclusion, and the Apple v Samsung patent wars.

The right to exclude, not the right to makeStatutory definitions and the duration of the exclusionThe three things a patent cannot doPatents versus other IP
Companion →
2

The Global IP Chessboard: India, USA & PCT Decoded

Playing Patents Across India, the US and the PCT

A global patent strategy is a campaign, not a local skirmish. Covers the territorial principle, the IPO's four offices, the USPTO and the America Invents Act, the PCT timeline, the Paris Convention priority year, and the Ranbaxy-Pfizer Lipitor battle.

The territorial principle of patent rightsThe Indian Patent Office's four officesThe USPTO and the America Invents ActThe PCT timeline and national-phase deadlines
Companion →
3

The Economics of Innovation: When to Patent, When Not To

Treating the Filing Decision as an Investment

The patent decision is an economic one - filing without a commercialization thesis is a tax, not an investment. Covers the Patent Value Pyramid, the four business cases, the startup provisional strategy, and Qualcomm's licensing machine.

The Patent Value PyramidThe four business cases for a patentThe startup provisional filing strategyThe patent ROI framework
Companion →
4

Patentability: The Four Threshold Questions

The Four Gates Every Invention Must Pass

Every invention must pass four sequential gates - subject matter, novelty, inventive step and industrial application - before prosecution begins. Covers the person skilled in the art, the Graham v John Deere secondary considerations, and Novartis v Union of India.

The four-gate patentability frameworkNovelty and anticipationInventive step and non-obviousnessThe Graham v John Deere secondary considerations
Companion →
Phase 2

The Psychology of Prosecution

Inside the examiner's mind, India's Section 3 exclusions, the Alice/Mayo eligibility labyrinth, and prior-art mastery.

5

Inside the Examiner’s Mind: How Rejections Are Built

Decoding the Examiner's Toolkit

Every Office Action is a structured legal argument built from a finite toolkit of rejection types. Covers the MPEP examination hierarchy, the examiner's prior art search, the three primary rejection types - novelty, obviousness and eligibility - and the examiner interview.

The MPEP examination hierarchyThe examiner's seven-database search stackThe three primary rejection typesObviousness and the motivation to combine
Companion →
6

The Section 3 Exclusions: India’s Unique Minefield

Navigating Sections 3(d), 3(k) and 3(i)

Section 3 of the Indian Patents Act creates exclusions with no parallel in US or European law - from 3(d) evergreening and Novartis to the 3(k) software exclusion and the 2017 CRI Guidelines.

The architecture of Section 3Section 3(d) and the evergreening prohibition (Novartis)Section 3(k) and the 2017 CRI GuidelinesSection 3(i) surgical, therapeutic and diagnostic methods
Companion →
7

Alice, Mayo & Abstract Ideas: The US Eligibility Labyrinth

Six Strategies to Survive § 101

The Alice/Mayo framework has invalidated more valuable patents than any prior-art rejection in US history. Covers the § 101 two-step test, the 2019 Revised Guidance, and six claim drafting strategies to survive it.

The Alice/Mayo two-step testThe USPTO 2019 Revised GuidanceSix claim drafting strategies to survive § 101The Mayo and Myriad frameworks for life sciences
Companion →
8

Prior Art Mastery: Searching Like a Principal Examiner

Control Your Claim Scope Before You Draft

The inventor who searches before drafting controls the scope they can claim. Covers the Prior Art Pyramid, the seven-database professional search stack, the prior art map, FTO vs patentability searches, and the Amazon One-Click patent.

The Prior Art PyramidThe seven-database professional search stackBuilding a prior art map by claim chartingFTO vs patentability search
Companion →
Phase 3

The Engineering of a Patent

The invention disclosure, claim architecture, specification drafting, software/AI and pharmaceutical patents, and Indian procedural compliance.

9

The Invention Disclosure Document: Mining the Inventor’s Mind

The Original Sin of Bad Prosecution

A poor invention disclosure is the original sin of bad patent prosecution, producing thin specifications and narrow claims. Covers the seven information categories and the inventor interview protocol.

Why inventors are poor disclosersThe seven information categories of an IDDThe 20 Questions inventor interview protocolBest mode and the legal foundation of the IDD
Companion →
10

The Claim Architecture: From Broad to Narrow, Independent to Dependent

Claims as Legal Property Boundaries

Claims are not sentences - they are legal property boundaries, like a system of interlocking fences. Covers the all elements rule, the claim-type toolkit, the inverted-pyramid three-tier cascade, Markush groups, and claim differentiation.

The all elements rule and doctrine of equivalentsClaim types and multi-type coverageThe inverted-pyramid three-tier claim cascadeMarkush groups and the claim language toolkit
Companion →
11

Specification Drafting: Building the Enablement Cathedral

The Specification as a Legal Instrument

The specification is a legal instrument, not a technical document - every word is tested against the claims in litigation. Covers the Wands enablement factors, the written-description possession test, and the specification architecture.

The specification as a legal instrumentEnablement and the Wands factorsWritten description and the possession test (Ariad)The complete specification architecture
Companion →
12

Software, AI & Algorithm Patents: Drafting in the Grey Zone

Technical Effect and the AI Patent Stack

Software and AI drafting applies fundamental patent principles where the invention is hardest to see and eligibility most hostile. Covers the EPO technical-effect doctrine, the Six-Dimensional Technical Claim Framework, and the AI Patent Stack.

The EPO technical-effect doctrineThe Six-Dimensional Technical Claim FrameworkThe AI Patent Stack and its four layersBlockchain and distributed-ledger patents
Companion →
13

Pharmaceutical & Biotech Patent Drafting: The Life Sciences Playbook

NCE Claims, Markush Groups and Section 3(d)

Pharmaceutical and biotech drafting is a chess match against patent offices, generic manufacturers, and regulators. Covers the NCE claim architecture, Markush groups, selection inventions, the Section 3(d) enhanced-efficacy data strategy, and the Gleevec lifecycle.

The NCE claim architectureMarkush group architectureSelection inventionsThe Section 3(d) enhanced-efficacy data strategy
Companion →
14

Indian Patent Forms & Procedural Compliance: The Bureaucracy Decoded

Forms, Deadlines and the Form 27 Working Statement

The Indian Patents Act's procedural requirements are substantive obligations, not administrative formalities. No drafting excellence protects against a missed form deadline. Covers the form matrix, the 31-month RFE deadline, and the Form 27 working statement.

The complete Indian form matrixThe 31-month request-for-examination deadlineThe Form 27 working statementPre-grant and post-grant opposition
Companion →
Phase 4

The AI-Augmented Drafter

LLMs in the patent workflow, hallucination management, freedom-to-operate analysis, monetization and licensing, and patent invalidation.

15

LLMs in the Patent Workflow: Architecture of the AI-Assisted Practice

What LLMs Can and Cannot Do for Patent Work

Large language models do not make patent practitioners redundant - they make the gap between a mediocre practitioner and an excellent one visible. Covers how LLMs actually work, the taxonomy of AI tasks, the five integration points, and prompt engineering.

How LLMs actually work: tokens, context windows and cutoffsThe taxonomy of AI tasks in patent practiceThe five integration points of an AI-assisted practicePrompt engineering for patent practitioners
Companion →
16

Hallucination Management: The Quality Control Protocol for AI-Assisted Drafting

A Four-Layer Verification Protocol

Hallucination is not a software bug - it is a structural property of how LLMs generate text. Covers the eight hallucination types and the four-layer quality control protocol.

Why LLMs hallucinateThe eight hallucination types in patent practiceThe risk classification matrixThe four-layer quality control protocol
Companion →
17

Freedom-to-Operate Analysis: The Risk Assessment That Precedes Every Commercial Launch

Clearing the Path Before You Launch

Freedom-to-operate analysis is the most commercially consequential legal exercise most companies never commission until after they have built the product and raised the capital. Covers claim construction, three FTO conclusions, and options for a blocking patent.

Patentability vs freedom-to-operateInfringement and the Indian FTO landscape (Section 107A)The FTO search protocolClaim construction and the three FTO conclusions
Companion →
18

Patent Monetization and Licensing Strategy: Turning Legal Rights Into Commercial Value

Valuation, Licensing and Royalty Strategy

A patent portfolio that is not monetised is a cost centre dressed as an asset. Covers the five valuation methodologies, the Georgia-Pacific factors, the SSPPU principle, and the licensing spectrum.

The five patent valuation methodologiesThe Georgia-Pacific factors and the SSPPU principleThe licensing spectrumField-of-use licensing and cross-licences
Companion →
19

Inter Partes Review and Patent Invalidation Strategy: Taking the Fight to the Patent Itself

The Four Invalidation Forums

Patent invalidation is not the last resort of a cornered defendant - it is a proactive strategic weapon. Covers the four invalidation forums, Inter Partes Review and its estoppel, and EPO opposition.

The four invalidation forumsInter Partes Review and its estoppelIndian invalidation: Section 25(2) and Section 64EPO opposition and multi-country invalidity
Companion →
Appendices

Seven Reference Appendices

Appendix A

Claim Drafting Quick-Reference Checklist

Appendix B

India IPO Forms & Official Procedures

Appendix C

USPTO Filing Requirements & Forms

Appendix D

PCT Chapter I & II Procedures Summary

Appendix E

Glossary of Patent Terms (India/US/EP)

Appendix F

Key Case Law Reference Table

Appendix G

AI Tool Comparison Matrix