VIDIKSHA

PatentIntermediateAbout 26 hours10 modules · 42 lessons

Patent Drafting and Prosecution

Draft a specification that survives examination, then prosecute it: read the FER, amend the claims, argue Section 3 and prepare for the hearing.

What you will actually be able to do after this

  • Draft a complete specification: field, background, summary, detailed description, claims and abstract, in that order of difficulty
  • Write an independent claim with the minimum essential features, and dependent claims that give you real fallback positions
  • Read a First Examination Report line by line and classify every objection by the response it needs
  • Respond to novelty and inventive-step objections by distinguishing D1 and D2 on the record, not by assertion
  • Argue Section 3(k) and Section 3(d) in the structure the Patent Office currently accepts
  • Amend claims under Sections 57 and 59 without broadening them, and show the basis in the specification
  • Prepare written submissions and an oral strategy for a hearing under Rule 28
  • Run the formal side: Form 3 updates, Form 18, Form 4 extensions, and the deadlines that cannot be extended

About the course

Most patent training in India teaches you what the Patents Act says. This course teaches you to write claims, because everything else in the file exists to support them, and to defend those claims when the examiner comes back with D1, D2 and a Section 3(k) objection.

You will draft three full claim sets and one complete specification, then prosecute two real applications from FER to hearing. The disclosures are from mechanical, software and pharmaceutical matters, so you see how the same method bends to each field.

This is the longest course we run, and the most demanding. Budget two drafting hours for every hour of video.

Curriculum

01How a patent is read before it is written3 lessons
  1. Reading a granted patent as an examiner, a licensee and an infringer
  2. Claims first: why the specification exists to support them
  3. Exercise: map three granted Indian patents to their claim trees
02From invention disclosure to claim strategy4 lessons
  1. Interviewing the inventor: the questions that find the invention
  2. Choosing the independent claim's essential features
  3. Prior art searching that is good enough to draft with
  4. Exercise: write a claim strategy memo from a disclosure form
03Drafting claims5 lessons
  1. Independent claims: apparatus, method, composition, system
  2. Dependent claims as fallback positions, not padding
  3. Claim language: 'comprising', 'consisting of', antecedent basis and clarity under Section 10(4)(c)
  4. Exercise: draft a full claim set for a mechanical invention
  5. Exercise: draft a full claim set for a software-implemented invention
04Drafting the specification5 lessons
  1. A detailed description that supports every claim term
  2. Embodiments, examples and ranges
  3. Drawings and reference numerals
  4. Abstract and title
  5. Exercise: complete specification from your claim set
05Filing and formalities5 lessons
  1. Forms 1, 2, 3, 5 and 26: what each one actually does
  2. Provisional versus complete, and the twelve-month clock
  3. Form 18 and the request for examination; expedited examination on Form 18A
  4. PCT national phase entry: the Indian specifics
  5. Exercise: prepare the filing bundle for a complete specification
06Reading the First Examination Report4 lessons
  1. Structure of an FER and where the real objections hide
  2. Classifying objections: novelty, inventive step, Section 3, clarity, unity, formal
  3. The six-month deadline and the Form 4 extension
  4. Exercise: annotate two FERs and plan the response
07Responding on novelty and inventive step4 lessons
  1. Distinguishing D1 feature by feature
  2. Inventive step under Section 2(1)(ja): technical advance, economic significance, non-obviousness
  3. Claim amendments that create distance without surrendering scope
  4. Exercise: full response to a novelty and inventive-step objection
08Section 3: subject-matter objections4 lessons
  1. 3(k): computer programmes per se and the technical-effect argument
  2. 3(d): the efficacy data problem
  3. 3(i), 3(j) and the biotech borderline
  4. Exercise: respond to a 3(k) objection on a fintech claim
09Amendments and the hearing4 lessons
  1. Sections 57 and 59: what you can and cannot amend
  2. Marked-up claims and the basis statement
  3. Hearing notice under Rule 28, written submissions and the fifteen-day follow-up
  4. Exercise: prepare the hearing submission and the amended claim set
10Grant and after4 lessons
  1. Pre-grant and post-grant opposition, in brief
  2. Working statements on Form 27
  3. Renewals and the maintenance calendar
  4. Exercise: draft a Form 27 for a licensed patent

Who this is for

Take it if

  • Associates and patent agents in their first three years of drafting
  • Engineers and scientists preparing for the patent agent examination who want the practical half
  • In-house counsel at product companies who instruct outside patent counsel
  • Litigators who need to read a prosecution history properly

Skip it if

  • You have never read a claim and are not willing to read fifty
  • You want a bar-exam style survey of patent law
  • You need PCT or foreign prosecution strategy; this is India-first

Questions

Do I need a technical degree?

No, but you need to be comfortable reading technical descriptions. The mechanical and software examples are chosen to be understandable with care rather than expertise.

Does this prepare me for the patent agent exam?

It prepares you for Paper II, the drafting paper, better than anything else we know of. It does not cover Paper I, which tests the Act and Rules.

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