background of the invention. Patents. In a U.S. patent application and any resulting patent, the section that identifies the
field of art to which the invention pertains, summarizes the state of the art, and describes the problem solved by the invention. • The Background of the Invention section usu. includes two subsections: “Field of the Invention” and “Description of the Related Art.” A mistaken inclusion in this section of a reference that postdates the date of invention may be construed as an admission. [Cases: Patents  99. C.J.S. Patents § 139.]
[Blacks Law 8th]