Are comparisons with prior art allowed in patent applications?
Yes, comparisons with prior art are generally allowed in patent applications, as long as they are not derogatory. The MPEP 608.01(r) explicitly states:
“Mere comparisons with the prior art are not considered to be disparaging, per se.”
This means you can compare your invention to existing technologies to highlight improvements or differences. However, ensure that your comparisons are factual, objective, and focus on technical aspects rather than criticizing or disparaging other inventions or inventors.
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Topics:
Patent Law,
Patent Procedure