How does the America Invents Act (AIA) affect the best mode 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 America Invents Act (AIA) made significant changes to U.S. patent law, including modifications to the best mode requirement. According to MPEP 2165.01 : “Section 15 of the Leahy-Smith America Invents Act (AIA) did not eliminate the requirement for a best mode disclosure as set forth in pre-AIA 35 U.S.C. 112, first paragraph. However, effective September 16, 2011, AIA 35 U.S.C. 282(b)(3)(A) expressly states 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 change means that while inventors are still required to disclose the best mode of carrying out their invention, failure to do so is no longer a grounds for invalidating a patent in litigation. However, the USPTO still examines applications for compliance with the best mode requirement, and applicants must still make a good faith attempt to disclose the best mode known to them at the time of filing. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Best Mode Disclosure MPEP 2165 Required Best Mode Requirement for Applications Filed On Or After September 16, 2012 MPEP 2165 Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended Best Mode Must Not Invalidate Patent MPEP 2165 Prohibited Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Not Altering Examining Practices MPEP 2165 Invention's Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed Even If Not Discoverer MPEP 2165 Required No Requirement to Update Best Mode for Priority Applications MPEP 2165.01 Required Other Related FAQs 5 FAQs Co...