Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 145

This portion of the patent application describes the problems which your invention is directed toward solving, followed by statements describing the content of a few closely related known prior art references that represent attempts by others to solve the same or similar problems in the past. The prior art is described, in brief terms, as what is disclosed in the reference patents or literature, followed by brief statements as to specific limitations or disadvantages of the prior art in terms of your invention, that is, what the prior art does not disclose. This indicates to the reader of the patent the specific problems in the related prior art that were not solved, and which your invention is directed toward solving.

The discussion of prior art in this portion of the application is in addition to any prior art statement (Information Disclosure Statement or IDS) that is submitted to the USPTO pursuant to Rule 56 (37 C.F.R. 1.56). The IDS lists prior art that the Patent Examiner is required to consider during examination, and should not be substituted for the portion of the patent application specification setting forth the content and shortcomings of specific prior art references. The language chosen in this portion of the patent application should emphasize the advantages of your invention over the prior art, and set forth the problems that remain unsolved by the prior art and which problems your invention solves.