What is the best mode requirement in patent law?
The best mode requirement in patent law refers to the obligation of an inventor to disclose the best way they know of carrying out their invention at the time of filing the patent application. This is part of the broader disclosure requirements in patent law.
As stated in MPEP 2165.03: “The examiner should assume that the best mode is disclosed in the application, unless evidence is presented that is inconsistent with that assumption.” This means that generally, patent examiners will presume that the best mode has been disclosed unless there’s clear evidence to the contrary.
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Topics:
MPEP 2100 - Patentability,
MPEP 2165.03 - Requirements For Rejection For Lack Of Best Mode,
Patent Law,
Patent Procedure