Can I criticize prior art in my patent application?

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.

No, you should avoid making derogatory remarks about prior art in your patent application. The MPEP 608.01(r) states:

“The applicant may refer to the general state of the art and the advance thereover made by his or her invention, but he or she is not permitted to make derogatory remarks concerning the inventions of others.”

This means you can discuss how your invention improves upon existing technology, but you should not disparage or criticize other inventions or inventors.