Also known as: field of invention · technical field
Written by attorneys · grounded in primary & secondary sources — see below
A section of a U.S. patent application and any resulting patent 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 usually includes this subsection along with a Description of the Related Art.
Frederick Ferguson files a patent application for a new high-strength alloy and includes a Field of the Invention section specifying the metallurgy art. He later contracts with Ferrum Metals to license the patent using repeated references to specialized alloy standards without definitions. When a dispute arises over compliance, the court gives those terms their technical meaning because the transaction occurs within the technical field.
Falcon Dynamics files a patent application with a Field of the Invention section describing an intermediated settlement process in the financial technology art. The application uses the section to identify the relevant field of art. The claims later add only generic computer implementation to an abstract idea.
Select any source to read its text and confirm it supports the definition.
Forrest Falconer sues a data broker alleging inaccurate reporting of his information in violation of a federal statute. The complaint references a Field of the Invention section from an unrelated patent only to describe the technical context. The court evaluates standing based on whether the plaintiff alleges a concrete and particularized injury.
The Background of the Invention section usually includes two subsections: Field of the Invention and Description of the Related Art. The Field of the Invention subsection identifies the field of art, summarizes the state of the art, and describes the problem solved by the invention.
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A mistaken inclusion of a reference that postdates the date of invention in the Field of the Invention section may be construed as an admission against the patentee.
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When a patent license or related agreement uses technical terms drawn from the field identified in the Field of the Invention section, courts apply the technical meanings of those terms under Restatement (Second) of Contracts § 202(3)(b) unless the parties manifest a different intention.
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…not in fact [of him],” and incorrectly reported that Robins “was in his 50s, . . . married, . . . employed in a professional or technical field, and . . . has children.” Id. , at 14. Robins further alleged that Spokeo’s profile of him continues to misrepresent “that he has a graduate degree, that his economic health is ‘Very…