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Eli Mazour's avatar

Great piece re background sections! The information one would typically include in the background section is also often necessary for successful prosecution in foreign jurisdictions and to overcome patent eligibility issues in the US. But you do have to be very careful about what you include for the reasons you mentioned and many others (providing possible justification for raising patent eligibility issues, examiners relying on it for straightforward obviousness/103 rejections). I think the best practice is to keep the background section very brief and high-level but to carefully include most of the information about the drawbacks of prior solutions, etc. in the detailed description section.

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