What should be included in the “Background Art” section of a patent description?
The “Background Art” section of a patent description should include information that helps to establish the context of the invention. According to MPEP 1823:
“The description should also mention any background art which, in the applicant’s opinion, might be useful for the understanding, searching, and examination of the invention.”
This section typically includes:
- Existing technologies or solutions related to the invention
- Problems or limitations in the prior art that the invention addresses
- Brief overview of relevant scientific principles or technological advancements
The background art should provide enough context to help the reader understand the significance and novelty of the invention without disclosing the invention itself.
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