Recipe: Claim Drafting
Draft claims that are novel over the closest art and formally sound.
Step 1: Find the Closest Art First
Claims drafted blind get rejected. Anchor on the art before writing:
Write the queries yourself, tuned precise — the goal is the closest few
documents to read in full, so add a second discriminating ta term and probe
the count down toward tens, not thousands (method in flowleap-patent):
flowleap --json tools run search_patents query='<self-written CQL>' range=1-1 details=false
flowleap --json patent search --query "<self-written CQL>" --limit 20
flowleap --json uspto search --query "<self-written ODP Lucene>" --limit 20 # title + metadata only
Pull the claims of the 3-5 closest hits and study their language:
flowleap --json ops claims <closest-patent>
flowleap --json ops abstract <closest-patent>
Step 2: Element Inventory of the Invention
Write a one-paragraph invention summary, then decompose it yourself: list
every element the invention needs to work (the mechanism, not the benefit),
keep the language concrete, and note keywords and synonyms per element (the
decomposition method is in recipe-claim-analysis, Step 4).
Sort the elements: which are old (in the closest art), which are the point of novelty. The independent claim needs the old elements for operability plus at least one novel element for allowance.
Step 3: Draft the Claim Set
- Independent claim: preamble (technical field) + transition
(
comprising) + minimum element set that is both operable and novel - Dependent claims: one fallback feature each, ordered by commercial value — these are the amendment reservoir for prosecution
- Draft method + apparatus (and CRM where relevant) parallel sets
Step 4: Check Formal Drafting Rules
# EPO clarity/support requirements
flowleap --json legal search "claim clarity conciseness support Article 84" --jurisdiction epo --comprehensive
# US definiteness and functional-language rules
flowleap --json legal search "claim definiteness functional language means plus function" --jurisdiction uspto --comprehensive
Check each claim against the found rules: antecedent basis, single-sentence form, no result-only language without structure, support in the description.
Step 5: Iterate Against the Art
For each draft independent claim, write a search from its novel element the same way as Step 1 — the novel element's phrase is the discriminating term:
flowleap --json patent search --query "<CQL written from the novel element>" --limit 10
If the searches surface art reading on the draft, narrow the novel element and repeat. Stop when the closest surfaced art clearly lacks an element.
Output
- Closest-art table (reference, claim 1 language, what it lacks)
- Element inventory split into old vs. novel
- Full claim set (independent + dependents) with a support map into the description
- Formal-rules checklist with legal citations per rule