Can the best mode requirement be updated after the initial patent filing?
No, the best mode requirement cannot be updated after the initial patent filing. The MPEP 2165.01 clearly states:
“There is no requirement to update in the context of a foreign priority application under 35 U.S.C. 119, Standard Oil Co. v. Montedison, S.p.A., 494 F.Supp. 370, 206 USPQ 676 (D.Del. 1980) (better catalyst developed between Italian priority and U.S. filing dates).”
Additionally, the MPEP notes:
“Furthermore, it is not necessary to update the best mode in applications claiming the benefit of an earlier filing date under 35 U.S.C. 119(e) or 120, which indicate that the disclosure in the earlier filed application must be made in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, ‘other than the requirement to disclose the best mode.'”
This means that the best mode requirement is assessed based on the inventor’s knowledge at the time of filing, and subsequent improvements or discoveries do not need to be added to the application.
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