How did the America Invents Act (AIA) affect the best mode requirement?

The Leahy-Smith America Invents Act (AIA) made significant changes to the best mode requirement, as explained in MPEP 2165:

1. It did not eliminate the requirement for disclosing the best mode in patent applications.
2. It amended 35 U.S.C. 282 to prevent the failure to disclose the best mode from being a basis for invalidating or rendering a patent unenforceable in litigation.
3. It modified 35 U.S.C. 119(e) and 120 to remove the best mode requirement for claiming benefit of earlier filing dates.

The MPEP states:

“Section 15 of the Leahy-Smith America Invents Act (AIA), Public Law 112-29, 125 Stat. 284 (September 16, 2011), did not eliminate the requirement in pre-AIA 35 U.S.C. 112, first paragraph, for a disclosure of the best mode, (see 35 U.S.C. 112(a)) but effective September 16, 2011, it amended 35 U.S.C. 282 (the provision that sets forth defenses in a patent validity or infringement proceeding) to provide that the failure to disclose the best mode shall not be a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable.“

These changes primarily affect patent litigation and priority claims, but do not significantly alter the examination process for compliance with the best mode requirement.

To learn more:

• America Invents Act
• AIA
• best mode requirement
• patent litigation
• priority claims