MPEP § 608.01(h) — Mode of Operation of Invention (Annotated Rules)

§608.01(h) Mode of Operation of Invention

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 608.01(h), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Mode of Operation of Invention

This section addresses Mode of Operation of Invention. Primary authority: 35 U.S.C. 112. Contains: 3 requirements, 1 prohibition, 1 guidance statement, and 4 other statements.

Key Rules

Topic

Patent Application Content

9 rules
StatutoryInformativeAlways
[mpep-608-01-h-0f24d3eabc7624edb749fb9d]
No Specific Example Required for Best Mode Disclosure
Note:
A patent specification does not need to include a specific example of the best mode for carrying out the invention, as long as the disclosure is adequate and not concealed.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryRequiredAlways
[mpep-608-01-h-23431aa5cdf4493115a53089]
Patent Specification Not Intended as Production Specification
Note:
A patent specification does not need to include detailed production instructions and is not required to be a complete manufacturing guide.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryInformativeAlways
[mpep-608-01-h-1e477657d1c1be65dbea1909]
Best Mode Must Be Disclosed
Note:
The patent specification must disclose the best mode of carrying out the invention, but the absence of a specific example does not necessarily indicate non-compliance.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).
Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987) ; In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962)

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryInformativeAlways
[mpep-608-01-h-8916bf3d7da1d16700488425]
Best Mode Not Required to Include Example
Note:
The absence of a specific working example in the patent specification does not necessarily indicate that the best mode has not been disclosed, nor does the presence of an example prove it has.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryInformativeAlways
[mpep-608-01-h-bcacd9dcfa695b1258cdcbb0]
Best Mode Must Be Disclosed Without Concealment
Note:
Only evidence of accidental or intentional concealment is considered when determining if the best mode of carrying out the invention has been disclosed.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryRequiredAlways
[mpep-608-01-h-4b073451b320d7443e4b5e73]
Best Mode Must Be Disclosed If Quality Poorly Conceals Invention
Note:
The patent specification must disclose the best mode of carrying out the invention if its quality is so poor that it effectively results in concealment.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryInformativeAlways
[mpep-608-01-h-4f49d0b93c75036311a43a33]
Best Mode Must Be Disclosed
Note:
The patent specification must disclose the best mode of carrying out the invention, but does not require a specific working example.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).
Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987) In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980)

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryProhibitedAlways
[mpep-608-01-h-73af59fa4ff8974a2b084c7f]
Best Mode Must Be Disclosed at Filing
Note:
The specification must disclose the best mode of the invention at the time of filing; amendments cannot add this requirement after filing.

If the best mode contemplated by the inventor at the time of filing the application is not disclosed, such defect cannot be cured by submitting an amendment seeking to put into the specification something required to be there when the application was originally filed. In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976). Any proposed amendment of this type should be treated as new matter.

Jump to MPEP SourcePatent Application Content
StatutoryRecommendedAlways
[mpep-608-01-h-bfddefbe06f3e89fb736a1c9]
Amendments Must Not Add New Content
Note:
Any proposed amendment that adds new content not originally disclosed in the specification is considered new matter and cannot be used to cure defects in the original filing.

If the best mode contemplated by the inventor at the time of filing the application is not disclosed, such defect cannot be cured by submitting an amendment seeking to put into the specification something required to be there when the application was originally filed. In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976). Any proposed amendment of this type should be treated as new matter.

Jump to MPEP SourcePatent Application Content
Topic

35 U.S.C. 112 – Disclosure Requirements

3 rules
StatutoryRequiredAlways
[mpep-608-01-h-358a0b1d1808e691131ab70d]
Best Mode Must Be Disclosed In Description
Note:
The inventor's best mode of carrying out the invention must be described in the patent application.

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. See 35 U.S.C. 112. There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966). In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987); In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980).

Jump to MPEP SourceDisclosure RequirementsPatent Application Content
StatutoryInformativeAlways
[mpep-608-01-h-2e089f4bf08511e1007c55d0]
Best Mode Separate from Sufficiency of Disclosure
Note:
The requirement to disclose the inventor's best mode is distinct from ensuring sufficient disclosure for patent validity.

The question of whether an inventor has or has not disclosed what he or she feels is his or her best mode is a question separate and distinct from the question of sufficiency of the disclosure. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1532, 3 USPQ2d 1737, 1742 (Fed. Cir. 1987); In re Glass, 492 F.2d 1228, 181 USPQ 31 (CCPA 1974); In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962). See 35 U.S.C. 112 and 37 CFR 1.71(b).

Jump to MPEP Source · 37 CFR 1.71(b)Disclosure Requirements
StatutoryInformativeAlways
[mpep-608-01-h-58217019046dc64b67dbee98]
Invention's Best Mode Must Be Disclosed
Note:
The specification must disclose the inventor’s best mode of carrying out the invention, separate from sufficiency of disclosure requirements.
Jump to MPEP Source · 37 CFR 1.71(b)Disclosure Requirements

Citations

Primary topicCitation
35 U.S.C. 112 – Disclosure Requirements
Patent Application Content
35 U.S.C. § 112
35 U.S.C. 112 – Disclosure Requirements37 CFR § 1.71(b)
37 CFR § 2165.04
MPEP § 2165
MPEP § 608.01(p)
35 U.S.C. 112 – Disclosure Requirements
Patent Application Content
In re Gay, 309 F.2d 769, 135 USPQ 311 (CCPA 1962)
35 U.S.C. 112 – Disclosure RequirementsIn re Glass, 492 F.2d 1228, 181 USPQ 31 (CCPA 1974)
Patent Application ContentIn re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976)
35 U.S.C. 112 – Disclosure Requirements
Patent Application Content
In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966)
35 U.S.C. 112 – Disclosure Requirements
Patent Application Content
In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980)
35 U.S.C. 112 – Disclosure Requirements
Patent Application Content
Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1532, 3 USPQ2d 1737, 1742 (Fed. Cir. 1987)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31