I am trying to determine whether I should include this section in a Non Provisional Application (NPA).
As I read the 'Background of the Invention' it seems to provide the history of the technology and where the invention fits into the timeline. The patent is 22 years old.
- How does including the prior art in the NPA help application process?
I understand it is critical that one identifies all the prior before applying because the prior defines the scope of what can NOT be patented. That being said, I am should I be concerned about citing prior art? I seem to remember advice indicating not to cite prior art ("Don’t Describe the Prior Art") , but to be very aware of any and all existing prior art to avoid 102 Novelty 103 Obviousness rejections.
Is 'Background of the Invention' obsolete? or is it required?