What is the legal basis for the best mode requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Requirement for Applications Filed On Or After September 16, 2012 MPEP 2165 Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended Invention's Best Mode Must Be Disclosed MPEP 2165 Required Requirement for Best Mode Disclosure MPEP 2165 Required Best Mode Must Be Disclosed in Description MPEP 2165 Required Best Mode Must Be Disclosed Even If Not Discoverer MPEP 2165 Required Best Mode Must Not Invalidate Patent MPEP 2165 Prohibited Best Mode Not Altering Examining Practices MPEP 2165 Other Related FAQs 5 FAQs Collapse What is the best mode requirement in patent law? How common are best mode rejections in patent examination? What is the objective inquiry in best mode assessment? How do patent examiners assess compliance with the best mode requirement? What is the subjective inquiry in best mode assessment?