Ask ten different patent practitioners about how they write their background sections and you may get ten different answers. After taking care of the bare minimum requirements, the differences tend to come down to personal style. This is an explanation of my personal style.
Posts Categorized: Patent Basics
For the uninitiated, the typical patent application is a very verbose and sometimes awkwardly written document that appears to describe an invention. Each section has its own particular necessary purpose and content. Some of the reasons for the content and wording are legacies from court cases, rulings by the Patent Office, and just plain old habit and preferences of the drafter.
In general, the drafter intends to put the invention in its best light, highlighting the essential elements of the invention while not limiting the invention to the exact description shown. Remember, that the patent may be enforced 15 years later when technology has developed in unexpected and unanticipated ways.