Drafting Background of the Invention

Describing the background of an invention in a patent application

Background of the patent application describes the state of art in the context of the present invention. In addition, the background section serves to disclose closest prior arts. It tells about limitations of the prior arts or differences of prior arts from the present invention. In addition, it describes the need of the invention.

A good background section should be fairly short and should highlight the need of the invention to overcome the disadvantages of the prior arts. The background section may describe the present need of the invention; however, it is not necessary to mention specific prior art in the background. The background section should end with a short and specific statement about the shortcomings of the prior art. However, it should be written in a way that does not disclose the solution to the problem. Moreover, it should not mention objects of the invention as it limits the scope of the inventions.

Some dos and don’ts for writing the background of the invention

  • The background should not disclose the novelty of the invention.
  • It should not contain derogatory words.
  • It should mention the conventional method which is being for solving the problem and limitation of the conventional method.
  • It should highlight the need of the present invention.
  • It should not contain informal words ‘etc’, ‘i.e.’ and other such words.
  • It should not contain the words – ‘wherein’, ‘comprises’.
  • It should not contain the pronouns.
  • It should not state how the invention solves the given problem.

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