The inventor is improving his or her own patent within one year, so previous work would not be considered prior art, and the inventor uses a traditional format in claims for a new patent, reciting existing elements first.

What language should be used in the Prior Art section of the specification? If not prior art how does the original inventor address his own work?

1 Answer 1


There is no requirement for a prior art section and current practice is to have a very general "Background" section or not have such a section at all. You are required to inform the USPTO of anything you know of that you think might cause them to generate a rejection. The way to do that is include it on an IDS form submitted with or shortly after, the patent application. If your own work was published, used or in a submitted patent then you should include it.

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