How much disclosure is appropriate for the background section of
a patent application? This question is difficult to answer,
especially when it applies to a multinational application as
different countries have different regulations regarding the
background section of the application. For example, in some
countries, the background section may constitute the applicant's admitted prior art (AAPA)
against the invention claimed to be protected. Accordingly, it is
important to know the regulations of different countries and draft
a 'one size fits all' background section for a
multinational application.
Practice in China
Generally speaking, in China, the background section does not
constitute prior art against the invention claimed to be protected
unless it is proved by a prior art document or other prior art
evidence (ie, the AAPA principle is generally not applicable in
China).
