What is the “best mode” requirement in PCT applications?
The “best mode” requirement in PCT applications refers to the need to disclose the best way of carrying out the invention known to the inventor at the filing date. This requirement is particularly important for applications designating the United States. Key points include:
- It’s required by at least one designated office (the USPTO).
- It must be indicated in the description if any designated office requires it.
- It’s part of the “Best Mode for Carrying Out the Invention” section of the description.
The MPEP states: “If at least one of the designated Offices requires the indication of the best mode (for instance, the United States Patent and Trademark Office), that best mode must be indicated in the description.” This ensures compliance with US patent law requirements and strengthens the overall application.
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