Patent Law FAQ

If a patent application fails to set forth any mode of the invention, it is considered a failure of enablement, not a best mode violation. According to MPEP 2165.02:

“The best mode provision of 35 U.S.C. 112 is not directed to a situation where the application fails to set forth any mode — such failure is equivalent to nonenablement.”

This means that if an application doesn’t describe any way to make and use the invention, it fails the enablement requirement. The best mode requirement only comes into play when at least one mode is disclosed, but not necessarily the best one known to the inventor.

To learn more:

• patent application
• enablement
• best mode
• nonenablement
• patent disclosure