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<\/a><\/figure>\n<\/div>\n\n\nThe Background of the Invention of a patent is fraught with peril for the patent drafter. First of all, you probably should use “the invention” in the heading. Define the Field of the Invention too broadly, and you invite the application of prior art that otherwise would be non-analogous. Say too much about the prior art, and you create admitted prior art. Criticize aspects of the prior art unrelated to the invention, and you may have disclaimed them. The ‘691 patent avoided most of these problems by simply recounting fun facts about Easter Traditions.<\/p>\n\n\n\n
For example, did you know that in “Europe it was believed that eggs laid on\u00a0Good\u00a0Friday, if kept for a hundred years, would have their yolks turned into diamonds”? ‘691 Patent, Col. 1, ll. 15-17.<\/p>\n\n\n\n
Did you know that the tradition of coloring Easter eggs came from the Crusades? ‘691 Patent, Col. 1, ll. 20-22.<\/p>\n\n\n\n
What do you know about the history of the White House Egg Roll? It all started back on the lawn of the Capital, during the Andrew Johnson administration:<\/p>\n\n\n
<\/a><\/figure>\n<\/div>\n\n\n ‘691 Patent, Col. 1, ll. 20-22. The ‘691 managed to avoid most of the problems that can arise from the Background Section. Happy accident, or cleverly hatched<\/em> plan?<\/p>\n","protected":false},"excerpt":{"rendered":" You never know what tidbit you will pick up reading a patent. For example, U.S. Patent No. 6,325,691, on a Packaged Toy, is full of fun facts about the origins of Easter Traditions: The Background of the Invention of a … Continue reading