What are the consequences of failing to disclose the best mode?
Failing to disclose the best mode can have significant consequences, although these have been modified by recent legislative changes. According to MPEP 2165: Prior to the America Invents Act (AIA), failure to disclose the best mode could result in a patent being held invalid or unenforceable. Post-AIA, while the best mode requirement still exists, failure…
Read MoreHow is the adequacy of best mode disclosure determined?
The adequacy of best mode disclosure is determined by evaluating evidence of concealment, whether accidental or intentional. According to MPEP 608.01(h): 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…
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