Prior Art Search
Search patents and literature for prior art relevant to: $ARGUMENTS
Adapted from
for patent-specific searching.
Constants
- — Maximum patent documents to analyze in detail
- — Maximum academic papers to analyze in detail
- — How many years back to search
PATENT_DATABASES = "google-patents, espacenet"
— Patent databases to search
Inputs
Read the invention description from:
- if it contains technical details
patent/INVENTION_BRIEF.md
if it exists
- if it exists at project root
Shared References
Load
../shared-references/prior-art-databases.md
for search strategy templates and IPC/CPC classification guidance.
Workflow
Step 1: Extract Search Concepts
From the invention description, identify:
- Core inventive concept: The primary technical contribution (1-2 sentences)
- Technical problem: What problem it solves
- Key technical features: 4-6 specific technical elements that define the invention
- IPC/CPC classes: Predict relevant classification codes (e.g., G06N, G06F)
Step 2: Patent Search
For EACH search concept, search via:
Google Patents (via WebSearch):
WebSearch: "site:patents.google.com [keywords]"
WebSearch: "[keywords] patent"
- Try primary keywords + technical problem keywords
- Search in English regardless of target jurisdiction
- For CN inventions, also search Chinese keywords via WebSearch
Espacenet (via WebFetch):
- WebFetch worldwide.espacenet.com/search results for key queries
- Search by predicted IPC/CPC classes
Assignee/Inventor Search:
- If known companies/universities work in this area, search their patent portfolios
- WebSearch: "[assignee name] patent [technical area]"
For each potentially relevant patent found:
- WebFetch the patent page to extract: title, abstract, representative claims, filing date, assignee, current status
- Record IPC/CPC classification codes
Step 3: Academic Literature Search
Search the same concepts in academic databases:
- Google Scholar (via WebSearch):
WebSearch "[keywords] site:scholar.google.com"
- arXiv (via if available, or WebSearch): Search for preprints
- Semantic Scholar (via if API key set, or WebSearch)
For each relevant paper found:
- Extract title, authors, venue, year, key contribution
Step 4: Classification and Analysis
For each reference found, assess:
- Relevance: How closely does it relate to the invention?
- Overlap Risk: Does it disclose the same or similar technical solution?
- HIGH: Anticipates one or more claim elements
- MEDIUM: Discloses a related but different approach
- LOW: Same general field, different approach
- Relationship: Is it anticipating, relevant, or merely background?
Organize results by IPC/CPC classification to see the technical landscape.
Step 5: Freedom-to-Operate Assessment (Preliminary)
Based on the search results:
- Identify patents with claims that potentially cover the invention
- Note any expired patents (public domain)
- Flag areas where claim scope overlap is significant
Disclaimer: This is a preliminary assessment only. A professional freedom-to-operate analysis by a patent attorney is recommended before filing.
Step 6: Output
Write
patent/PRIOR_ART_REPORT.md
with:
markdown
## Prior Art Search Report
### Invention Summary
[1-2 sentence description of the searched invention]
### Search Strategy
- Keywords used: [...]
- IPC/CPC classes searched: [...]
- Databases searched: Google Patents, Espacenet, Google Scholar, arXiv
- Date range: [year] to present
### Patent References Found
|---|-----------|-------|------|----------|---------|-------------|-------------|
| 1 | CN... / US... | [title] | [date] | [assignee] | [codes] | [2-3 sentences] | HIGH/MEDIUM/LOW |
### Non-Patent Literature Found
|---|-----------|-------|--------------|------|-----------------|-----------|
| 1 | [DOI/link] | [title] | [authors] | [year] | [1-2 sentences] | HIGH/MEDIUM/LOW |
### Prior Art Landscape
[Organized by technical approach or IPC class, not just chronological]
### Freedom-to-Operate Preliminary Assessment
[Which existing patents might block the invention? What is the risk level?]
### Recommendations
- Suggested claim scope adjustments based on prior art
- Areas where novelty appears strongest
- References to watch during prosecution
Key Rules
- Never fabricate patent numbers or citations. Mark uncertain references with .
- Search in English AND the target jurisdiction language (Chinese for CN).
- Patent prior art includes everything published before the priority date, not just patents.
- Academic papers are valid prior art for both novelty and inventive step.
- Include expired patents -- they are public domain but still relevant for novelty.