Patent Prosecution Strategy Pre-Filing

Detects legal strategy for patent prosecution before filing, including prior art assessments, claim drafting strategy, and freedom-to-operate opinions. Disclosure destroys patent novelty or reveals prosecution strategy to competitors. Note: trainable classifier recommended for production deployment.

Type: keyword_proximity
Engine: universal
Confidence: medium
Confidence justification: Medium: patent strategy vocabulary also appears in published patents, textbooks and IP Australia guidance, so enforcement requires populated invention/matter fields; 85 adds substantive strategy evidence. A trainable classifier is still recommended for prose-heavy strategy memos.
Jurisdictions: global
Regulations: Patents Act 1990 (Cth)
Frameworks: QGISCF, ISO 27001
Data categories: legal
Scope: wide
Risk rating: 7

Pattern

(?i)\b(?:patent\s+(?:prosecution|application|strategy|filing|assessment)|pre[\s-]filing\s+(?:patent|strategy|assessment)|patentability\s+(?:assessment|opinion)|freedom[\s-]to[\s-]operate\s+(?:opinion|analysis))\b

Corroborative evidence keywords

pre-filing, draft claims, prior art, freedom to operate, FTO, novelty, privilege, PROTECTED, CONFIDENTIAL, claim drafting, patentability, inventive step, provisional application, legal, counsel, litigation, proceedings, court, jurisdiction, attorney (+13 more)

Proximity: 300 characters

Should match

CONFIDENTIAL - LEGAL PROFESSIONAL PRIVILEGE Patent Prosecution Strategy - Pre-Filing Invention: Novel water purification membrane (UQ Research Collaboration) Prior Art Assessment: Three potentially invalidating references identified Draft claims strategy: Narrow independent claim 1 to avoid Smith et al. (2023) prior art. — 85 - populated invention, prior-art and draft-claims fields plus prior-art evidence
PROTECTED Pre-Filing Patent Assessment Client: Queensland Health Innovation Unit Subject: Novel rapid diagnostic test - COVID variant detection Patentability assessment: Novelty confirmed subject to prior art search. Draft claims attached for review before provisional application lodgement. — 75 - two populated fields (Client, Subject); strategy evidence present but only two fields
Patent filing strategy - privileged Invention title: Low-power soil moisture sensor Inventors: A. Teston, J. Staffson Priority date: 01/10/2026 Novelty and inventive step look strong; a design-around of the Harbour patent is not needed. — 85 - populated invention record with novelty/inventive-step evidence
Patent application strategy Matter: IP-2026-118 Filing deadline: 30/10/2026 Team to confirm the lodgement plan next week. — 75 - two populated matter fields without strategy evidence
Patent strategy discussion agenda. — 65 discovery - topic without populated fields
Patent application strategy for a pre-filing meeting before lodgement. — 65 discovery - pre-filing mention without populated fields
PRIVILEGED Patent Pre-Filing Strategy: draft claim 1 avoids Jones prior art; novelty confirmed before provisional application. — 65 discovery - one-line strategy without populated fields
This privileged patent strategy addresses the freedom to operate analysis for the new diagnostic device. The FTO opinion identifies two blocking patents requiring design-around strategy before patent application filing. — 65 discovery - prose FTO opinion without populated fields

Should not match

Australian Patent No. 2024123456 was granted on 15 March 2025. The published patent specification describes a water purification membrane with improved flux characteristics. — Published granted patent
PCT Publication WO/2025/012345 discloses a method for rapid diagnostic testing. The published international application is available through WIPO PatentScope. — Published PCT patent application
This textbook chapter provides an overview of patent prosecution strategy in Australia. Students should understand the requirements for novelty, inventive step, and utility under the Patents Act 1990. — Academic textbook (training) on patent law
The product team patented a new packaging colour last year. — Past-tense patenting mention
Textbook exercise: draft claims after reviewing sample prior art. — Instructional material without a patent primary anchor
Invention disclosure and pre-filing assessment form Invention title: ________ Inventors: ________ Priority date: [DD/MM/YYYY] Prior art search: ________ — Blank invention disclosure form - placeholder fields are rejected
File a provisional patent application before any public disclosure so that novelty is protected, IP Australia advises. — Public guidance - no populated fields (65 at most)

Known false positives

Published granted patents and patent specifications Mitigation: Negative match on 'granted', 'Patent No.', 'published specification'
Published PCT or international patent applications Mitigation: Negative match on 'PCT Publication', 'WO/', 'published application', 'PatentScope'
Academic materials on patent prosecution Mitigation: Require co-occurrence with specific invention details and privilege/PROTECTED markers
Patent office examination reports (public documents) Mitigation: Negative match on 'examination report', 'office action', 'examiner's report'