Article 17 of the Detailed Rules for the Implementation of the Patent Law stipulates that the background technologies useful for the understanding, retrieval and examination of the invention or utility model shall be stated in the background technology part, and documents reflecting these background technologies shall be cited if conditions permit.
As long as the closest prior art is cited in the process of writing the application document, and the technical characteristics of the technical scheme to be protected by this application are given, and the technical problems existing in the closest prior art can be solved by different technical characteristics, it is not easy to use the cited closest prior art to evaluate creativity, and by reading the background technology, the invention points of the technical scheme to be protected can be defined more clearly, which can also be defined more clearly in the creative discussion process.