Why is it important to describe problems in the prior art in the Background of the Invention?

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.

Describing problems in the prior art in the Background of the Invention is important for several reasons:

1. It helps establish the context for the invention.
2. It demonstrates the need for the invention.
3. It can help show the non-obviousness of the invention.
4. It provides a basis for explaining the advantages of the invention.

The MPEP specifically mentions this in MPEP 608.01(c): “Where applicable, the problems involved in the prior art or other information disclosed which are solved by the applicant’s invention should be indicated.” This statement underscores the importance of not just describing the prior art, but also highlighting the problems or limitations in the prior art that the invention addresses.