| name | patent-novelty-check |
| title | Patent Novelty and Non-Obviousness Check |
| description | 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. |
| author | wanshuiyin |
| author_url | https://github.com/wanshuiyin/Auto-claude-code-research-in-sleep/tree/main/skills/patent-novelty-check |
| license | MIT |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | ip |
| language | en |
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-5.5 — 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.md if 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)
