What information should be included in the Description of the Related Art section?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The Description of the Related Art section should include:

• A description of the state of the prior art or other information known to the applicant.
• References to specific prior art or other information where appropriate.
• Information disclosed under 37 CFR 1.97 and 37 CFR 1.98.
• Where applicable, the problems involved in the prior art or other information disclosed which are solved by the applicant’s invention.

As stated in MPEP 608.01(c), this section should include “A paragraph(s) describing to the extent practical the state of the prior art or other information disclosed known to the applicant, including references to specific prior art or other information where appropriate. Where applicable, the problems involved in the prior art or other information disclosed which are solved by the applicant’s invention should be indicated.”