How does the best mode requirement relate to trade secrets?

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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. The best mode requirement in patent law can potentially conflict with an inventor’s desire to maintain trade secrets. According to MPEP 2165.01 : “The best mode requirement creates a statutory bargained-for-exchange by which a patentee obtains the right to exclude others from practicing the claimed invention for a certain time period, and the public receives knowledge of the preferred embodiments for practicing the claimed invention.” This means that inventors must disclose their best mode of carrying out the invention, even if it involves revealing trade secrets. Failure to disclose the best mode can result in the patent being invalidated. However, it’s important to note that the best mode requirement only applies to the claimed invention, not to production details or other aspects that aren’t directly related to the claims. 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 Must Be Disclosed MPEP 2165 Required Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended Best Mode Must Be Disclosed Even If Not Discoverer MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Requirement for Best Mode Disclosure MPEP 2165 Required Best Mode Not Altering Examining Practices MPEP 2165 Best Mode Can Be Preferred Conditions MPEP 2165.01 Permitted Invention's Best Mode Must Be Disclosed MPEP 2165 Required No Requirement to Update Best Mode for Priority Applications MPEP 2165.01 Required 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 ...