How to write the background technology of patent application

Background art it is not written in the claims, but a part of the specification. According to the exam guide, the specific requirements are as follows:

The background technology part of the description of an invention or utility model shall specify the background technology that is helpful for understanding, searching and examining the invention or utility model, and quote the literature that reflects these background technologies as much as possible. In particular, it refers to the existing technical documents containing the technical features of the preface part of the independent claim in the invention or utility model claim, that is, it refers to the existing technical documents closest to the invention or utility model patent application. The documents cited in the specification can be patent documents or non-patent documents, such as periodicals, magazines, manuals, books, etc. If a patent document is cited, at least the country and publication number of the patent document should be stated, preferably including the date of publication; Where non-patent documents are cited, the name and detailed source of the documents shall be indicated.

In addition, in the background part of the specification, it is necessary to objectively point out the problems and shortcomings in the background technology, but only those solved by the technical scheme of the invention or utility model. If possible, explain the causes of these problems and shortcomings and the difficulties encountered in solving these problems.

Reference documents shall also meet the following requirements:

(1) The cited documents shall be public publications, including electronic publications in addition to paper forms.

(2) The publication date of the cited non-patent documents and foreign patent documents shall be before the filing date of this application; The publication date of the cited China patent documents cannot be later than the publication date of this application.

(3) Where a foreign patent or non-patent document is cited, the source and relevant information of the cited document shall be stated in the original language used when the cited document is published or published, and a Chinese translation shall be provided if necessary, and the translation shall be placed in brackets.