How do patent examiners assess compliance with the best mode requirement?

Patent examiners assess compliance with the best mode requirement through a two-step process, as outlined in MPEP 2165.03:

1. Subjective Inquiry: Determine whether, at the time of filing, the inventor knew of a mode of practicing the claimed invention that they considered better than any other.
2. Objective Inquiry: If the first step is affirmative, compare what was known to what was disclosed to assess if the disclosure adequately enables a skilled person to practice the best mode.

The MPEP states: “A best mode rejection is proper only when the first inquiry can be answered in the affirmative, and the second inquiry answered in the negative with reasons to support the conclusion that the specification is nonenabling with respect to the best mode.”

To learn more:

• best mode
• patent examination
• patent disclosure
• MPEP 2165.03