Example Prompts for Patent Application Drafting

Below are sample prompts that employ various prompting strategies. We recommend trying these and tailoring them to your individual approach and workflow. Please verify that the tool you use adheres to a data privacy policy appropriate for handling confidential client information.

Disclaimer: The sample tips and prompts provided are for illustrative and educational purposes only. They do not constitute legal advice or guarantee compliance with laws, regulations, or client requirements. Users should exercise professional judgment when using AI tools for patent application drafting.

Pre-Drafting Prompts

Notes	Example Prompt
Consider using this prompt to help prepare for a disclosure meeting. Provide the disclosure document along with the prompt. Notes about this prompt: This prompt was generated using Copilot Studio based on a short description of what I wanted to achieve. This prompt uses delimiters (i.e., “###”) to define different parts of the prompt.	You are tasked with analyzing a disclosure document related to an invention. Your goal is to provide a comprehensive summary and detailed analysis to assist in understanding and clarifying the invention. ### Instructions: 1. Summarize the Disclosure Document: – Extract and concisely present the key points, purpose, and scope of the invention described in the document. 2. List Terms and Acronyms: – Identify all specialized terms and acronyms used in the document. – Provide definitions or explanations if available within the document. 3. Identify Potential Inconsistencies or Issues: – Detect any undefined acronyms. – Highlight terms that are used inconsistently (e.g., the same term meaning different things or different terms meaning the same thing). – Note any ambiguous or unclear terminology that could cause confusion. 4. Generate Clarification Questions for Inventors: – Based on the analysis, create a list of specific questions to ask the inventors. – Focus on clarifying ambiguous terms, resolving inconsistencies, and understanding unclear aspects of the invention. – If the invention is related to semiconductor manufacturing, including clarifying questions about the material composition and dimensions of any materials that are relevant for the invention, such as thickness of the material. ### Rationale: – Summarizing helps quickly grasp the invention’s essence. – Listing terms and acronyms ensures all specialized language is accounted for and understood. – Identifying inconsistencies prevents misinterpretation and supports accurate documentation. – Clarification questions facilitate effective communication with inventors to refine the disclosure. ### Output Format: Your response should be structured as follows: #### 1. Summary of Disclosure Document: [Concise summary of the invention and key points] #### 2. Terms and Acronyms: – Term/Acronym 1: [Definition or explanation] – Term/Acronym 2: [Definition or explanation] – … #### 3. Potential Inconsistencies or Issues: – Undefined acronyms: [List] – Inconsistent term usage: [Describe each case] – Ambiguous terminology: [Describe each case] #### 4. Clarification Questions for Inventors: 1. [Question 1] 2. [Question 2] 3. …
Consider using this prompt when an inventor provides a list of prior art references. Provide the disclosure document along with the prompt. Notes about this prompt: Be sure to use a web-enabled tool that can search for the references.	Find PDFs of the references listed in the attached disclosure document. Do not search for references other than the ones identified in the disclosure document. Provide links to the references if you can find them. If you cannot find the references, let me know. Provide a concise technical summary (2-3 sentences) of each reference that you found. For each of the references that you found, identify which sections (e.g., which paragraphs and/or images) are most relevant to the attached disclosure document.
Consider using this prompt if you are looking for prior patent applications to leverage when drafting another patent application. Provide the disclosure document along with the prompt. Notes about this prompt: Be sure to use a tool that has access to your files. If you have a client that asks outside counsel to not perform prior art searches, exercise caution when asking a chatbot to perform any type of search.	Identify the main inventive concepts in the attached disclosure document. Find patent applications in our files that are most relevant to these inventive concepts. Patent application documents will be word documents and typically have “Specification” in the title.
Consider using this prompt when you know you have drafted an application about a particular topic but you cannot remember the matter number. Notes about this prompt: Be sure to use a tool that has access to your files. When using a chatbot that has enterprise data integration, adding “enterprise” tells the chatbot to scope the search to your organization’s data; without it, the chatbot may default to a generic/web search or a narrower local context.	Perform an enterprise search to find word docs that have “spec” or “SPEC” in the title that include references to “[FILL IN TERM HERE]” and with an author of “[AUTHOR HERE]”. Perform a full text analysis and do not just rely on a snippet or metadata. Provide the results in a list sorted by relevance, where the list includes the name of the document, title of the document, and one sentence regarding the document’s relevance. If you identify multiple documents with the same number in the file name (such as “1234 spec DRAFT” and “1234 spec FINAL”), only include one of those results in the list.

Prompts for the Drafting Phase

Notes

Example Prompt

Consider using this prompt if you have writer’s block when drafting an introductory section of a patent application.

Notes about this prompt:

This prompt gives the chatbot a role (patent attorney).
This prompt instructs the tool what to do AND what not to do in the output.
This prompt includes an example of an acceptable output.
This prompt is the result of asking a chatbot to improve upon my initial prompt.

You are a patent attorney drafting a section of a patent application. Use precise, professional language and avoid patent profanity (e.g., do not use terms such as “essential” or “necessary”). Replace “comprising” with “including.” Avoid absolute terms like “must”; instead, use “may.” Do not use the term “invention.” Write in paragraph form.

Based on the attached disclosure, provide a one- to two-paragraph summary that first broadly describes the technology area and then specifically explains the technical problem. Do not mention any solution or refer to the document itself. Do not start with phrases such as “This disclosure relates to…” or “The problem in this document is…” Instead, begin with a natural, industry-oriented introduction. For example, if the subject is cosmetics, an appropriate opening might be:
“The beauty industry encompasses a variety of formulations and application techniques…”

The output should:

Use clear, neutral language suitable for patent drafting.
Avoid patent profanity and absolute language.
Focus only on the industry context and the technical challenge.

Consider using this prompt to describe known components or elements.

Notes about this prompt:

This prompt is “short and sweet” but still gets the job done without much prompt engineering.
You can add additional instructions if you are not getting the output you want.

Provide a concise technical definition of “[COMPONENT/ELEMENT]” in 1-2 sentences for a patent application. Provide examples of different types of [COMPONENT/ELEMENT]. Provide a response in paragraph form. Start the description with, “The [COMPONENT/ELEMENT] 202…”

Post-Drafting Prompt

Notes

Example Prompt

Consider using this prompt to check your claims after drafting a patent application.

Notes about this prompt:

This prompt was generated using Copilot Studio based on a short description of what I wanted to achieve.
This prompt uses delimiters (i.e., “###”) to define different parts of the prompt.

You are tasked with analyzing a set of patent application claims to identify potential issues within the claims language and in the specification.

### Instructions:

Carefully review the provided disclosure and patent application, including the claims.
Identify any features or claim elements that might not be practically detectable or verifiable.
Detect language that implies the patented device or method must be actively operating or performing a function in order to constitute infringement.
Highlight ambiguous, unclear, or problematic phrasing that could affect claim enforceability or interpretation.
Identify potential divided infringement issues.
Identify claim limitations that may not be defined or well-supported by the detailed description.
Identify potential features in the IDF that are not well-covered in the specification or claims.
Provide a clear explanation for each identified issue, describing why it could pose a problem in patent prosecution or enforcement.

### Rationale:

Detecting non-detectable features is crucial because claims must be clear and enable others to understand the scope.
Identifying language that requires operation for infringement and divided infringement issues can limit the claim’s scope and affect enforceability.
Clarifying ambiguous terms helps strengthen the patent’s legal robustness.
It is helpful to identify features lacking details in the detailed description because examples and variations in language are helpful during patent prosecution.

### Output Format:

Provide your analysis as a list of identified issues with the following structure for each issue:

**Issue**: [Brief description of the problem]
**Claim or Paragraph Reference**: [Specify which claim or claim element or paragraph number]
**Explanation**: [Detailed reasoning why this is an issue]

Example:

**Issue**: Feature not practically detectable
**Claim Reference**: Claim 3, element describing “invisible signal detection”
**Explanation**: The claim requires detection of a signal that cannot be measured with current technology, making enforcement difficult.