What is the difference between the best mode requirement and the enablement requirement?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2165.02 - Best Mode Requirement Compared To Enablement Requirement,
Patent Law,
Patent Procedure