What is the difference between the best mode requirement and the enablement requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The best mode requirement and the enablement requirement are distinct obligations under 35 U.S.C. 112(a) . As stated in MPEP 2165.02 : “The best mode requirement is a separate and distinct requirement from the enablement requirement of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112.” The enablement requirement ensures that the invention is described in a way that allows the public to make and use it. In contrast, the best mode requirement obligates inventors to disclose the best way they know of carrying out the invention at the time of filing. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Best Mode Requirement for Applications Filed On Or After September 16, 2012 MPEP 2165 Best Mode Requirement Not Triggered by Lack of Mode Description MPEP 2165.02 Best Mode Is Required Separately From Enablement MPEP 2165.02 Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended Best Mode Must Be Disclosed MPEP 2165 Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Utility Requirement for 35 U.S.C. 112(a) Rejection MPEP 2164.07 Recommended Written Description Requirement Is Separate From Enablement MPEP 2164 Permitted Invention's Best Mode Must Be Disclosed MPEP 2165 Required Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect the best mode requirement in patent law? What is the obligation imposed by the best mode requirement? How does the best mode requirement contribute to public disclosure in patent law? What is the main difference between the best mode requirement and the enablement requirement in patent law? What happens if a patent application fails to set ...