What is the best mode requirement in patent specifications?
The best mode requirement is one of the three requirements for a patent specification under 35 U.S.C. 112(a). It requires that the inventor disclose the best way of carrying out the invention that they know of at the time of filing the patent application.
The MPEP states:
“[The specification] shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.”
It’s important to note that the best mode requirement is separate and distinct from the enablement requirement. As mentioned in the MPEP, citing In re Newton: “Best mode is a separate and distinct requirement from the enablement requirement.”
The purpose of the best mode requirement is to prevent inventors from concealing the best way of practicing their invention while still obtaining patent protection for it. This ensures that the public receives the full benefit of the invention in exchange for the patent grant.
To learn more: