BACKGROUND Since June 8, 1995, the United States Patent and - uspto-2025

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A simple Background section has three paragraphs: Field of the invention. Acknowledgment of a problem in the field of the invention. Need for improvement in the art.
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability.
A patent is an exclusive right granted for an invention. Patents benefit inventors by providing them with legal protection of their inventions. However, patents also benefit the society by providing public access to technical information about these inventions, and thus accelerating innovation.
Background Invention means an invention, or improvements to any invention, other than a Subject Invention, which the Recipient has previously conceived, designed, developed and/or produced, or has concurrently designed, developed and/or produced outside this Agreement.
All patents (other than design patents) that were in force on June 8, 1995, or that issued on an application that was filed before June 8, 1995, have a term that is the greater of the twenty-year term or seventeen years from the patent grant. See 35 U.S.C. 154(c).
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Patent searching can be done directly on the USPTOs web site. Full text and images are available for patents from 1976 to the most recent Tuesday. Images, current classification numbers and patent numbers only are available for patents from 1790 to 1975.
In the context of patents, the background of the invention refers to a section in a U.S. patent application or resulting patent that provides information about the field of art to which the invention belongs, summarizes the existing state of the art, and describes the problem that the invention aims to solve.

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