What is the subjective inquiry in best mode assessment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 subjective inquiry is the first component of the best mode analysis, as described in MPEP 2165.03 . It focuses on the inventor’s state of mind at the time of filing the patent application. Specifically, the examiner must: “Determine whether, at the time the application was filed, the inventor knew of a mode of practicing the claimed invention that the inventor considered to be better than any other.” This inquiry is subjective because it relates to the inventor’s personal knowledge and preferences. Unless there is evidence that the inventor had information about a better mode at the time of filing, there is no basis for a best mode rejection, and the second component (objective inquiry) is not necessary. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse If First Component Met, Analyze Best Mode Disclosure Adequacy MPEP 2165.03 Best Mode Must Be Disclosed If Better Method Known MPEP 2165.03 Requirement for Best Mode Disclosure MPEP 2165 Required Best Mode Must Be Disclosed in Description MPEP 2165 Required Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended Best Mode Must Be Disclosed Even If Not Discoverer MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed If Specification Is Nonenabling MPEP 2165.03 Permitted Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed In Application MPEP 2165.03 Recommended Other Related FAQs 5 FAQs Collapse What is the best mode requirement in patent law? How common are best mode rejections in patent examination? What is the legal basis for the best mode requirement? What is the objective inquiry in best mode assessment? How do patent examine...