patent-novelty-check
Skill2 starsChanged 6 months agoMITView on GitHub
Assess patent novelty and non-obviousness against prior art. Use when user says \"专利查新\", \"patent novelty\", \"可专利性评估\", \"patentability check\", or wants to evaluate if an invention is patentable.
We split this skill into the rules it gives an agent
5 rules. About 0 are common, 3 are distinctive, and 2 are very specific to this project.
≈0
Common · estimate
Many files like this have a rule of this kind.
≈3
Distinctive · estimate
This author's own choices. Worth a look.
2
Very specific
Tied to their project's names, files or tools. Probably skip.
- Common
- Distinctive
- Very specific
- Distinctive: line 54
NOT ANTICIPATED: At least one element missing from every single reference → claim is novel
- Distinctive: line 58
If the invention is novel (passes Step 2), test for obviousness:
- Very specific: line 79
Call REVIEWER_MODEL via mcp__codex__codex with xhigh reasoning:
- Distinctive: line 150
Never assume the invention is patentable just because no identical patent exists.
- Very specific: line 152
If mcp__codex__codex is not available, skip cross-model examiner review and note it in the output.
≈ “Common” is an estimate: at least 1 in 5 of the 308,232 skill files we read have a rule of the same kind, not the same words. “Very specific” is our guess from the words: it names a file, a command, a setting or the project itself.
Files
Patent Novelty and Non-Obviousness Check
Assess patentability of: $ARGUMENTS
Adapted from /novelty-check for patent legal standards. Research novelty is NOT the same as patent novelty.
Constants
REVIEWER_MODEL = gpt-5.4— Model used via Codex MCP for cross-model examiner verificationNOVELTY_STANDARD = patent— Always use legal patentability standard, not research contribution standard
Inputs
- Invention description from
$ARGUMENTS patent/PRIOR_ART_REPORT.md(output of/prior-art-search)patent/INVENTION_BRIEF.mdif exists
Shared References
Load ../shared-references/patent-writing-principles.md for novelty/non-obviousness standards.
Load ../shared-references/patent-format-us.md for 102/103 analysis framework.
Workflow
Step 1: Define Claim Elements
From the invention description, extract the key claim elements that would define the invention's scope:
- List the technical features that make the invention novel
- Identify which features are known from prior art vs. inventive
- Draft preliminary claim language for 2-3 independent claims (method + system)
Step 2: Anticipation Analysis (Novelty)
For each preliminary claim, test against EACH prior art reference in PRIOR_ART_REPORT.md:
Single-reference test: Does any single reference disclose ALL claim elements?
| Claim Element | Ref 1 | Ref 2 | Ref 3 | ... |
| Feature A | Yes/No + evidence | |||
| Feature B | Yes/No + evidence | |||
| Feature C | Yes/No + evidence | |||
| Feature D | Yes/No + evidence |
Verdict per reference:
- ANTICIPATED: One reference discloses every element → claim is not novel
- NOT ANTICIPATED: At least one element missing from every single reference → claim is novel
Step 3: Obviousness Analysis (Inventive Step)
If the invention is novel (passes Step 2), test for obviousness:
Two/three-reference combination test: Can 2-3 references be combined to render the claim obvious?
For each combination of the top references:
- Primary reference: Which reference is closest to the claimed invention?
- Secondary reference(s): Which reference(s) teach the missing element(s)?
- Motivation to combine: Would a POSITA have reason to combine these references?
- Explicit suggestion in the references themselves?
- Same field, same problem?
- Common design incentive?
- Known technique for improving similar devices?
Format as a matrix:
| Combination | Primary | Secondary | Missing Elements | Motivation to Combine | Obvious? |
| Ref1 + Ref2 | Ref1 | Ref2 | Feature D | Same field, similar problem | Yes/No |
Step 4: Cross-Model Examiner Verification
Call REVIEWER_MODEL via mcp__codex__codex with xhigh reasoning:
mcp__codex__codex:
config: {"model_reasoning_effort": "xhigh"}
prompt: |
You are a senior patent examiner at the [USPTO/CNIPA/EPO].
Examine the following invention for patentability.
INVENTION: [invention description + preliminary claims]
PRIOR ART: [prior art references with key teachings]
Please analyze:
1. Anticipation (novelty): Does any single reference anticipate any claim?
2. Obviousness: Can any combination of references render claims obvious?
3. Claim scope: Are the claims broad enough to be valuable?
4. Recommended amendments if any claim is rejected.
Be rigorous and cite specific references.Step 5: Jurisdiction-Specific Assessment
For each target jurisdiction, provide a patentability assessment:
Under 35 USC 102/103 (US):
- Novelty: PASS / FAIL (cite specific reference if fail)
- Non-obviousness: PASS / FAIL (cite combination if fail)
Under Article 22 CN Patent Law (CN):
- 新颖性 (Novelty): 通过 / 未通过
- 创造性 (Inventive Step): 通过 / 未通过
Under Article 54/56 EPC (EP):
- Novelty: PASS / FAIL
- Inventive step: PASS / FAIL (problem-solution approach)
Step 6: Output
Write patent/NOVELTY_ASSESSMENT.md:
## Patentability Assessment
### Invention Summary
[description]
### Overall Assessment
[PATENTABLE / PATENTABLE WITH AMENDMENTS / NOT PATENTABLE]
### Anticipation Analysis
[claim-by-claim matrix against each reference]
### Obviousness Analysis
[combination analysis with motivation to combine]
### Cross-Model Examiner Review
[summary of GPT-5.4 examiner feedback]
### Recommended Claim Amendments
[If claims need modification to overcome prior art, suggest specific amendments]
### Risk Factors
[What could cause rejection during actual prosecution?]Key Rules
- Patent novelty is absolute: any public disclosure before the priority date counts as prior art, worldwide.
- Research novelty ("has anyone published this?") is NOT the same as patent novelty ("does any single reference teach every claim element?").
- Obviousness requires BOTH: (1) a combination of references AND (2) a motivation to combine them.
- Never assume the invention is patentable just because no identical patent exists.
- The assessment is advisory only -- actual prosecution may reveal different prior art.
- If
mcp__codex__codexis not available, skip cross-model examiner review and note it in the output.
Other versions2 projects use a version of this.
Word for word · 0
None found.
Edited · 2
- wanshuiyin/Auto-claude-code-research-in-sleep★ 18k78% same
- talhaMah56/claude_skills★ 074% same
Wrote their own version · 0
None found.
How matches are found. Word for word: the exact same text. Edited: shares passages with this file (“99% same” means 99% of its five-word phrases also appear here; 10% or more counts). Their own version: similar meaning, or, weakest, the same name. We can’t tell which project had it first. Projects are counted among the 200 most-starred candidates, and mentions are links to the repository we found, up to 50 per site, so both counts are a floor.
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