How should the “Best Mode” be presented in a patent description?
The “Best Mode” is a crucial element in a patent description, as it discloses the inventor’s preferred embodiment of the invention. According to MPEP 1823:
“The description should disclose any preferred embodiments of the invention.”
When presenting the Best Mode:
- Completeness: Provide a complete description of the best way to carry out the invention.
- Specificity: Include specific details, measurements, materials, or processes that make this mode the best.
- Clarity: Ensure the description is clear enough for a person skilled in the art to reproduce the invention.
- Honesty: Disclose what the inventor genuinely believes to be the best mode at the time of filing.
- Distinction: Clearly distinguish the best mode from other possible embodiments.
It’s important to note that while the best mode must be disclosed, the applicant is not required to explicitly state that it is the “best mode.” The description should naturally convey why this particular embodiment is preferred.
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