What is the legal basis for the best mode requirement?
The best mode requirement is derived from 35 U.S.C. 112(a), which states that the specification of a patent application “shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.” This requirement is further elaborated in the Manual of Patent Examining Procedure (MPEP) Section 2165.
The purpose of the best mode requirement is to prevent inventors from concealing preferred embodiments of their inventions while still obtaining patent protection. It ensures that the public receives the full benefit of the invention in exchange for the limited monopoly granted by a patent.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2165.03 - Requirements For Rejection For Lack Of Best Mode,
Patent Law,
Patent Procedure