What should be included in the Background of the Invention section of a 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.

The Background of the Invention section in a patent application may include two main parts:

1. Field of the Invention: A statement describing the field of art to which the invention pertains. This may include a paraphrasing of applicable Cooperative Patent Classification (CPC) definitions.
2. Description of the related art: Information about the state of the prior art, including references to specific prior art where appropriate. This section should also describe any problems in the prior art that the invention solves.

It’s important to note that while these components are typical, they are not strictly required. As stated in MPEP 608.01(c), “The Background of the Invention may (but is not required to) include the following parts…”