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Background of a Patent Application and Priority Claim

The background of a patent application describes the known prior art, the disadvantages/needs that are being overcome/met by the disclosed invention.

The background frequently identifies prior patents, US and foreign. Key features of the invention compared with the prior art are described and explaned. In some cases, the background contains significant historical information that provides a "teaching", thereby providing a "teaching referenca".

The priority of a patent is directly affected by prior or simultaneous patent applications by the same inventor, inventors, or assignee.

Modal verbs, such as "should", "would", "could" are frequently found in background recitations. The use of modal verbs in describing improvements that invention provides, spans such areas as specifying particular governmental regulations, size, appearance, and particular personal sensational desires, such as flavor or texture.