Does the best mode requirement apply to all inventors listed on a patent application?
Yes, the best mode requirement applies to all inventors listed on a patent application, even if they were not the original discoverer of that mode. The MPEP 2165 clearly states:
“All applicants are required to disclose for the claimed subject matter the best mode contemplated by the inventor even if the inventor was not the discoverer of that mode.“
This requirement ensures that the full scope of the invention is disclosed, regardless of which specific inventor developed each aspect. It’s important for patent applicants to understand that:
- Each listed inventor must disclose their best mode for the portions of the invention they contributed to.
- If one inventor knows of a better mode than the others, that best mode must be disclosed.
- The requirement extends to joint inventions where different inventors may have contributed different aspects of the overall invention.
This broad application of the best mode requirement helps to ensure that the public receives the full benefit of the invention in exchange for the patent grant.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2165 - The Best Mode Requirement,
Patent Law,
Patent Procedure