Is the Background of the Invention section mandatory in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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, the Background of the Invention section is not mandatory in a patent application. According to MPEP 608.01(c) , “The Background of the Invention may (but is not required to) include the following parts…” This means that while it’s common and often beneficial to include this section, it’s not a strict requirement for a patent application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Design Application Practice MPEP 608 Requirement for Full and Clear Disclosure MPEP 608 Original Disclosure Requirement for Filing MPEP 608 Permitted Background Must Include Specific Parts MPEP 608.01(c) Required Description of Related Art Required MPEP 608.01(c) Problems with Prior Art Must Be Indicated MPEP 608.01(c) Recommended Specification Must Describe Invention Completely MPEP 608.01(c) Description Must Pertain to Invention Field MPEP 608.01(c) Permitted Field of Art Must Be Stated MPEP 608.01(c) Recommended Full and Clear Disclosure Required for Patent MPEP 608 Required Other Related FAQs 5 FAQs Collapse Why is it important to describe problems in the prior art in the Background of the Invention? What information should be included in the Description of the Related Art section? How should the Field of the Invention be described in a patent application? What should be included in the Background of the Invention section of a patent application? How does the Background of the Invention relate to the Cooperative Patent Classification (CPC)?