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Patent research and IP landscape: prior-art search, claim mapping, landscape analysis, and freedom-to-operate. Use when conducting a prior-art search, mapping an IP landscape, evaluating patentability, or running an FTO analysis.

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Patent Research

A research-focused patent skill (not legal filing). Covers prior-art search, IP landscape mapping, claim analysis, freedom-to-operate, and patentability. For formal patent prosecution, work with a licensed patent attorney.

When to use this skill

  • Conducting a prior-art search before filing a provisional patent
  • Mapping the IP landscape in a technology area
  • Evaluating the patentability of an invention
  • Assessing freedom-to-operate before launching a product
  • Tracking competitive patent activity in a market
  • Preparing a patent strategy for a startup or R&D group

Inputs the advisor expects

  • Invention description (problem, solution, novelty)
  • Technology area + relevant CPC/IPC classifications
  • Target jurisdictions (US, EU, JP, CN — IP is jurisdictional)
  • Existing prior art known (key references)
  • Competitor list
  • Timeline pressure (filing deadline, product launch)

Clarify First

Before running the analysis, confirm these inputs. If any is unknown or vague, ASK — do not assume:

  • Analysis type (prior-art search, patentability, FTO, or landscape) — these are different deliverables with different methods and outputs
  • Invention description (problem, solution, novelty) — drives the claims and search classifications
  • Target jurisdictions (US, EU, JP, CN) — IP is jurisdictional; changes FTO scope and filing strategy
  • Technology area + CPC/IPC classifications — drives a search beyond keywords (which misses synonyms/translations)

Stop rule: ask only the 2-3 that most change the output. If the user says "just draft it," proceed and list your assumptions at the top of the artifact.

Workflows

Workflow 1 — Plan a prior-art search

  1. Define invention claims (key novel features).
  2. Identify search classifications (CPC / IPC) + keywords.
  3. Run prior_art_search_planner.py to produce a search plan.
  4. Execute on USPTO / EPO / Espacenet / Google Patents / WIPO.
python3 patent/scripts/prior_art_search_planner.py \
  --input invention.json --format markdown

Workflow 2 — Map the IP landscape

  1. Capture identified patents (yours, competitors', adjacent).
  2. Run claim_landscape_mapper.py to cluster by claim type, owner, technology subarea, recency; surface white space + crowded areas.
python3 patent/scripts/claim_landscape_mapper.py \
  --input patents.json --format markdown

Workflow 3 — Score patentability of an invention

  1. Capture invention + closest prior art.
  2. Run patentability_scorer.py to rate novelty, non-obviousness, utility, subject matter eligibility.
python3 patent/scripts/patentability_scorer.py \
  --input patentability.json --format markdown

Decision frameworks

The three patentability criteria (US baseline)

  1. Novelty (35 USC §102): not previously disclosed
  2. Non-obviousness (35 USC §103): not obvious to person skilled in the art
  3. Utility (35 USC §101): useful, with practical application

Plus:

  • Subject matter eligibility (§101): not abstract idea, not law of nature
  • Enablement (§112): described well enough to be made by skilled artisan
  • Definiteness (§112): claims clearly distinguish

Prior-art categories

  • Patents (issued + published applications)
  • Non-patent literature (papers, conference, dissertations, technical reports)
  • Commercial products (sold publicly before filing)
  • Public disclosures (talks, demos, blog posts — yes, including your own > 1 year prior)
  • Sales activity (offers for sale, even pre-launch)

Inventors often miss non-patent prior art; this is where searches break.

Freedom-to-operate (FTO)

Different from patentability. FTO asks: can I commercialize without infringing someone else's patent?

  • Patentability ≠ FTO (your patent could still infringe another)
  • FTO is jurisdiction-specific
  • Active patents only (not expired); typically 20 years from filing
  • Patent attorney involvement essential for formal opinion

IP strategy by stage

  • Pre-seed: capture inventions; consider provisional filings; don't over-file
  • Seed/Series A: strategic provisionals; key utility filings
  • Series B+: PCT international; continuations to maintain pendency
  • Mature: portfolio management; licensing; enforcement

Common engagements

"We have a new algorithm. Should we patent?"

  1. Subject matter eligibility check (§101 — algorithms are tricky)
  2. Prior art search (someone has probably published)
  3. Strategic value (does patent enable / defend a business position?)
  4. Cost-benefit ($5-25K provisional; $30-100K full prosecution)
  5. Often answer: keep as trade secret, not patent

"Run an FTO before our launch"

  1. Identify candidate blocking patents (search + competitor review)
  2. For each: review claims; assess infringement risk
  3. Identify mitigations: design-around, license, abandon, challenge
  4. Get formal opinion from patent counsel (insurance against willful infringement)

"Map the patent landscape in our space"

  1. Identify key players (companies + universities)
  2. Search by classification + keyword
  3. Cluster: by company, by sub-technology, by year
  4. Surface white space (uncovered areas) + crowded zones
  5. Strategy implications (where to play, where to design-around)

Anti-patterns to avoid

  • Searching only keywords (no classification). Misses translations + synonyms.
  • Searching only USPTO. EPO + WIPO + JP have unique art.
  • Searching only patents. Non-patent prior art is huge.
  • Public disclosure before filing. Loses patentability outside US (1-year grace in US only).
  • Filing without prior-art search. Reviewer finds it; patent invalid.
  • No FTO before product launch. Surprise injunctions.
  • Patenting everything. $30K per patent adds up; portfolio bloat distracts.
  • Filing without commercial strategy. Patents are means, not ends.

References

  • references/prior-art-search-strategy.md — search databases, classifications, query patterns
  • references/claim-mapping-and-landscape.md — claim analysis, landscape visualization
  • references/freedom-to-operate-and-patentability.md — FTO process, patentability criteria

Related skills

  • legal/contract-review — IP licensing contracts
  • c-level-advisor/general-counsel-advisor — strategic IP counsel
  • research/litreview — non-patent literature search overlap