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

high

Confidence justification

High confidence: Patent + pre-filing/draft claims + privilege indicators targets unpublished patent strategy. Exclusion of granted/published patents eliminates the vast majority of public patent documents.

Jurisdictions

global

Regulations

Patents Act 1990 (Cth)

Frameworks

QGISCF

Data categories

legal

Scope

wide

Risk rating

7

Pattern

(?i)\b(?:patent\s+(?:prosecution|application|strategy)|patent)\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. — Pre-filing patent prosecution strategy with prior art assessment
• 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. — Freedom-to-operate opinion with blocking patent analysis
• 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. — Pre-filing patent assessment with novelty analysis

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 on patent law

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'