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Recipe invalidity analysis

Skill flowleap-ai/flowleap-plugins/plugins/flowleap/skills/recipe-invalidity-analysis

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Install
npx -y skills add flowleap-ai/flowleap-plugins --skill recipe-invalidity-analysis

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What its author says it does

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Litigation recipe for building an invalidity case against a target patent — pin the priority date, decompose claims into elements, hunt patent and non-patent prior art per element, and assemble an invalidity chart with X/Y/A reference tagging (single-reference novelty vs. combination obviousness vs. background). Trigger when the user asks to invalidate a patent, find 102/103 or Art. 54/56 prior art against granted claims, or assess how strong a patent really is.

SKILL.md

3.4 KB, 709 tokens by cl100k_base, as published. Nobody here has run it

Recipe: Invalidity Analysis

Build a prior-art invalidity case against a target patent, claim by claim.

Step 1: Target Intake — Fix the Critical Date

flowleap --json summary <target-patent>     # biblio, legal status, family, term
flowleap --json ops claims <target-patent>
flowleap --json timeline <target-patent>    # filing/priority events

The earliest priority date is the critical date: prior art must predate it (mind grace periods and jurisdiction differences). Record it before searching.

Step 2: Decompose the Asserted Claims

Save each independent claim to a file, then:

flowleap analyze-claim --file claim1.txt --focus elements
flowleap analyze-claim --file claim1.txt --focus search   # suggested queries

Every element in the list must be found in the art — track them as a checklist.

Step 3: Hunt Prior Art Per Element Combination

# Patent art, both databases
flowleap patent build-query "<element combination in plain language>" --focus broad --allow-external-processing
flowleap --json patent search --query "<generated CQL>" --limit 30
flowleap --json uspto search --query "<generated CQL>" --limit 30   # ODP Lucene syntax

# Non-patent art — bound by the critical date
flowleap --json academic search "<element keywords>" --to-year <priority-year> --limit 20
flowleap --json npl "<element keywords>" --to-year <priority-year> --limit 20

Step 4: Mine the Prosecution Record

flowleap --json citation search <application-number> --category x    # what the examiner already found
flowleap --json citation forward <target-patent> --size 50           # who cites it since

Art the examiner never saw is stronger than art already of record.

Step 5: Tag References X/Y/A

  • X — one reference disclosing every element of a claim: anticipation (35 U.S.C. 102 / EPC Art. 54)
  • Y — reference that invalidates only in combination with another: obviousness (35 U.S.C. 103 / EPC Art. 56); record the motivation to combine
  • A — background/state of the art; supports the narrative, not the ground

For each X/Y candidate, pull the full text and verify against the element checklist:

flowleap --json ops claims <reference>
flowleap --json ops description <reference>

Step 6: Ground the Legal Standard

flowleap --json legal search "anticipation single reference disclosure" --jurisdiction uspto
flowleap --json legal search "inventive step problem solution approach" --jurisdiction epo --comprehensive

Output

An invalidity chart per asserted claim:

  • Rows: claim elements (from Step 2)
  • Columns: references with X/Y/A tags and effective dates vs. the critical date
  • Cells: pin cites (column/line or paragraph) quoting the disclosure
  • Combination rationale for every Y-pair, with legal citations

What ships with it

Read from the repository

Just SKILL.md. No reference files, no scripts.

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