What is the best mode requirement for design patents?
The best mode requirement, which is crucial for utility patents, does not apply to design patents. This is clarified in MPEP 1504.04, which states:
“The best mode requirement of the first paragraph of 35 U.S.C. 112 is not applicable to design cases.”
This means that:
- Design patent applicants are not required to disclose the best way of carrying out their design
- The focus is on the ornamental appearance of the article, not its functional aspects
- All that is required is a clear and complete disclosure of the claimed design
While best mode is not a requirement, it’s still important to provide a clear and detailed disclosure of the design to meet other requirements under 35 U.S.C. 112, such as enablement and written description.
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