Do inventors need to explicitly point out their best mode in a patent application?

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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. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Requirement to Update Best Mode for Priority Applications MPEP 2165.01 Required Patent Specification Not Required to Be Production Specification MPEP 2165.01 Required Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended 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 Even If Not Discoverer MPEP 2165 Required Best Mode Must Be Disclosed at Filing MPEP 2165.01 Prohibited Best Mode Not Necessarily Disclosed by Example MPEP 2165.01 Best Mode Can Be Preferred Conditions MPEP 2165.01 Permitted Other Related FAQs 5 FAQs Collapse How does the AIA affect the best mode requirement in patent applications? How does the America Invents Act (AIA) affect the best mode requirement? How is the best mode requirement assessed in patent examinations? What is the relationship between best mode and enablement requirements? How does the best mode requirement relate to trade secrets?