How can I discuss prior art in my patent application without being derogatory?
When discussing prior art in your patent application, you should focus on objectively describing the state of the art and how your invention improves upon it. The MPEP 608.01(r) provides guidance:
“The applicant may refer to the general state of the art and the advance thereover made by his or her invention”
Additionally, the MPEP clarifies that “Mere comparisons with the prior art are not considered to be disparaging, per se.” This means you can compare your invention to existing technologies, but do so in a factual, non-judgmental manner that focuses on technical differences and improvements.
To learn more:
Topics:
Patent Law,
Patent Procedure