MPEP 608.01(r)
Derogatory Remarks About Prior Art in Specification

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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608.01(r)    Derogatory Remarks About Prior Art in Specification [R-08.2012]

The applicant may refer to the general state of the art and the advance thereover made by his or her invention, but he or she is not permitted to make derogatory remarks concerning the inventions of others. Derogatory remarks are statements disparaging the products or processes of any particular person other than the applicant, or statements as to the merits or validity of applications or patents of another person. Mere comparisons with the prior art are not considered to be disparaging, per se.