How does the America Invents Act (AIA) affect the best mode requirement in patent law?

The America Invents Act (AIA) significantly changed the role of the best mode requirement in patent law. While the requirement to disclose the best mode still exists, the AIA limited its enforceability. As stated in MPEP 2165.02:

“The Leahy-Smith America Invents Act (AIA) amended 35 U.S.C. 282 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.”

This means that for patents subject to the AIA (those filed on or after September 16, 2012):

• Inventors are still required to disclose the best mode in their patent applications.
• The USPTO can still reject applications for failure to disclose the best mode during examination.
• However, failure to disclose the best mode cannot be used as a basis to invalidate an issued patent in litigation.

This change effectively reduced the importance of the best mode requirement in post-grant proceedings while maintaining its relevance during the patent application process.

To learn more:

• America Invents Act
• best mode
• patent law changes
• MPEP 2165.02