Background of the Invention
Introduction to the Technological Landscape
The background section sets the stage for the innovation and underscores the need for the invention. In drafting this section, the focus should be on outlining the existing state of technology in the relevant field and identifying current problems, gaps, or deficiencies that the invention aims to address or improve. This approach effectively prepares the reader to understand the invention’s necessity.
The “Background of the Invention” section may include a “Field of the Invention” and a “Description of the Related Art” subsection, as per the USPTO guidelines (MPEP 608.01(c)). However, including these is not mandatory. Typically, the “Field of the Invention” and “Background of the Invention” are presented under separate headings in the specification. The “Related Art” can be integrated into the “Background of the Invention,” either with or without assigning a specific “Related Art” heading.
Considerations for Background Disclosure
Prudent Disclosure Practices
Words in the background section could be interpreted as acknowledgments of related prior art, Therefore, it is prudent to avoid disclosing any details of the invention or elaborating extensively on the related prior art, such as its mechanism, operational principles, or even detailed shortcomings that might motivate a skilled artisan to make improvements. If it is necessary to discuss details of the related prior art to aid in understanding the invention, it is better to reserve those discussions in the “Detailed Description of the Invention” section. This precaution is particularly important when transforming a scientific paper, intended for scientific audiences, into a patent specification.
Caution with Prior Art Analysis
In scientific contexts, authors often engage in thorough analysis of previous studies, sometimes focusing on the motivation to achieve breakthroughs inspired by these studies. However, this comprehensive overview could inadvertently provide ammunition during patent examination or future litigation. Extensive research and effort in a scientific field might lead to a deeper understanding of existing technology and the inherent problems, which may not have been fully comprehended at the time of previous studies.
Nonetheless, a clear and detailed explanation in the background section could unintentionally make the prior art seem more straightforward or obvious. This clarity, although a result of rigorous research and summarization efforts—particularly stemming from the inventors’ own work, might inadvertently undermine the perceived novelty and non-obviousness of the invention. Therefore, to avoid potential misinterpretation of the background content as admissions of prior art, careful consideration and restraint in this section are suggested.
Selective Reference Presentation
References to specific prior art or relevant information may appropriately be included in this section. However, unlike scientific papers which typically feature numerous references, a patent specification should ideally include only the most relevant references directly related to the invention’s disclosure. Futhermore, it should be noted that if the invention has prior disclosures by the inventors, these may be included in a separate section titled “Statement Regarding Prior Disclosures by the Inventor or a Joint Inventor,” rather than in the background section.
Crafting a Simple Background Section
The background section doesn’t require a stringent format. The basic guideline is to describe “the state of the prior art” and, “[w]here applicable, the problems involved in the prior art” (MPEP 608.01(c)).
If the invention is related to well-known technologies, a concise background is adequate. For instance:
Existing wireless communication devices, such as mobile phones and tablets, exhibit features X, Y, Z. However, these devices commonly face issues such as A, B, C. Consequently, there is a pressing need for a wireless communication device that addresses these problems.
Developing a More Detailed Background
To create a detailed background, it’s useful to organize it into multiple sections, each covering a different aspect of the topic as shown in the diagram below.
flowchart LR;
s1(General Description)
s2(Problems)
s3(Existing Solution)
s4(Need for Improvement)
s1---s2---s3---s4 The following is an example of structuring the background into specific subsections, using mobile phone battery technology as a case study:
Background of the Invention
Recent years have seen rapid advancements in wireless communication devices, including mobile phones, featuring high-resolution touch screens and sophisticated operating systems. However, these enhancements have increased energy demands, significantly impacting battery life.
General Description of the Related Technology
A major challenge for modern mobile phones is limited battery life, as the enhanced functionalities have added strain to the batteries, leading to quick drainage and frequent recharging needs. This limited battery life affects user convenience, often requiring proximity to charging points, especially during travel. This not only impacts the usability of the device but also affects user productivity and satisfaction.
Issues and Impact with Current Technology
Attempts to mitigate battery life limitations have included advancements in battery materials and design, software optimizations, and energy-saving features. However, these solutions typically come with trade-offs such as reduced device performance or the necessity for larger, heavier batteries.
Existing Solutions and Their Limitations
Given the growing dependence on mobile phones and the demand for high-performance devices, there is a critical need for a solution that extends battery life without compromising on performance or user experience.
Need for Improvement