How does the AIA affect the best mode requirement in patent applications?
How does the AIA affect the best mode requirement in patent applications?
The America Invents Act (AIA) made significant changes to patent law, including the treatment of the best mode requirement. While the requirement to disclose the best mode was retained, the AIA limited its enforceability. According to MPEP 2165.01:
“The AIA amended 35 U.S.C. 282 (b) to state that the failure to disclose the best mode shall not be a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable.”
This change means that while inventors are still required to disclose the best mode in their patent applications, failure to do so cannot be used as a ground for invalidating or rendering unenforceable an issued patent in litigation. However, the USPTO still examines applications for compliance with the best mode requirement during prosecution.
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