Do inventors need to explicitly point out their best mode in a patent application?
No, inventors are not required to explicitly point out which embodiment they consider to be their best mode in a patent application. The MPEP 2165.01 clearly states:
“There is no requirement in the statute that inventors point out which of their embodiments they consider to be their best; that the disclosure includes the best mode contemplated by the inventor is enough to satisfy the statute.”
This means that as long as the best mode is included somewhere in the disclosure, the requirement is met. Inventors do not need to label or designate any particular embodiment as the “best mode.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2165.01 - Considerations Relevant To Best Mode,
Patent Law,
Patent Procedure