How to Test Unpublished Patents with Patlytics

For many teams, patent strategy begins after filing.

Teams draft an application, submit it, and then wait. Wait for prior art to surface, wait for examiner feedback, wait to see how claims read against competitors. By the time meaningful analysis happens, the application is already public and strategic flexibility is reduced.

Patlytics’ unpublished patent workflow changes that dynamic.

Patlytics allows practitioners to import or create unpublished patent drafts directly within a secure project workspace, unlocking the power of high-end litigation analysis before a patent is ever filed or published. Instead of reacting to external events, teams can proactively stress-test claims in a private sandbox, refining strategy while everything is still editable.

Bringing Litigation-Grade Analysis to Draft Applications

Traditional IP tools analyze only public data. Patlytics extends advanced detection, infringement, and invalidity workflows to pending drafts and pre-filing applications.

This means teams can:

• Analyze how draft claims read against real-world competitor products
• Run structured invalidity checks before filing
• Identify weaknesses in claim scope early
• Adjust strategy while maintaining full confidentiality

The result is a smarter, more deliberate filing strategy built on data, not assumptions. Teams can use these features on unpublished patents that can be generated from an in-progress patent draft or from uploaded documents.

Strategic Continuation Fine-Tuning

Continuation strategy is an important aspect of portfolio development, but it’s rarely optimized with real-world product analysis before filing.

With the Patlytics, practitioners can take an in-progress draft and run it through the Detection Report and Infringement modules to see precisely how pending claims map to a competitor’s product release.

Because the drafting and analysis modules are interconnected, attorneys can:

1. Edit claims or specification language
2. Immediately re-run infringement analysis
3. Compare heatmaps and claim strength
4. Refine scope iteratively

This creates a closed feedback loop where continuation claims can be fine-tuned for the strongest possible enforcement position before they ever become public.

Instead of filing broadly and hoping for leverage later, teams can file with confidence, knowing how their claims perform in the current market landscape.

Integrated Pre-Filing Audits

Patlytics’ assistance is not limited to infringement analysis. It enables a comprehensive pre-filing health check across key prosecution and risk stages.

Validity and Prior Art Checks

Users can run Section 102 and 103 analyses directly on unpublished drafts, identifying novelty or obviousness issues before submission. Rather than discovering fatal prior art during prosecution, teams can adjust claims while flexibility remains intact.

Section 112 Verification

Attorneys can conduct granular written description and enablement reviews to confirm that each claim limitation has clear specification support. This reduces downstream amendment risk and protects enforcement value.

Freedom to Operate (FTO) Analysis

Draft applications can also serve as a foundation for early FTO searches. By extracting key features from a draft, teams can identify potential blocking patents and inform design-around strategies earlier in the R&D cycle, reducing commercial risk before launch.

Together, these audits transform drafting from a linear process into a strategic testing environment.

A Private Sandbox for Sensitive IP

Unpublished applications represent some of the most sensitive assets within an organization. Patlytics maintains strict data controls to ensure confidentiality.

• Workspace Isolation: Unpublished patents are stored exclusively within the specific Project Workspace where they are created and are not commingled with the organization-wide Patent Vault. This isolation allows law firms and in-house teams to restrict visibility of sensitive, pre-filing work on a per-client or per-project basis.
• No Model Training: Customer data, including unpublished drafts, is never used to train or tune AI models.
• SOC 2 and ISO Compliance: Enterprise-grade security standards protect confidential invention materials throughout drafting and analysis workflows.

This ensures teams can optimize their workflow with Patlytics without compromising privacy.

From Reactive Filing to Strategic Filing

Patlytics shifts how patent prosecution is approached with its unpublished patent features.

Instead of drafting first and analyzing later, practitioners can:

• Test claim scope before exposure
• Validate enforceability early
• Identify validity risks proactively
• Optimize continuation strategy
• Reduce wasted prosecution cycles

By turning pre-filing work into a structured, data-backed strategy exercise, teams can move directly toward a “winnable” filing position, often reducing project time by up to 80% while increasing strategic clarity.

To learn more about Patlytics, book a demo today.