Can failure to disclose the best mode be grounds for patent invalidity?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. Yes, failure to disclose the best mode can be grounds for patent invalidity. However, it’s important to note that this only applies to patents issued from applications filed before September 16, 2011. As stated in MPEP 2165 : “The failure to disclose the best mode is a basis for a defect under 35 U.S.C. 282 (b)(3)(A). This basis for invalidity only applies to patents filed before September 16, 2011.” For applications filed on or after September 16, 2011, failure to disclose the best mode is not a basis for invalidating or rendering a patent unenforceable. This change was implemented by the America Invents Act (AIA). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Best Mode Requirement for Applications Filed On Or After September 16, 2012 MPEP 2165 Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended Best Mode Not Altering Examining Practices MPEP 2165 Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Invention's Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Requirement for Best Mode Disclosure MPEP 2165 Required Best Mode Must Be Disclosed in Description MPEP 2165 Required Best Mode Must Be Disclosed Even If Not Discoverer MPEP 2165 Required Other Related FAQs 5 FAQs Collapse How did the America Invents Act (AIA) affect the best mode requirement? How does the best mode requirement affect continuation applications? Does the best mode requirement apply to all inventors listed on a patent application? How is the best mode requirement applied to software patents? What is the relationship between trade secrets and the best mode requirement?