What is the legal basis for the best mode requirement in patent law?
The best mode requirement in patent law is derived from 35 U.S.C. 112(a), which states:
“The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.”
This statutory requirement ensures that the inventor discloses the best way they know to practice the invention at the time of filing the patent application.
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Topics:
MPEP 2100 - Patentability,
MPEP 2165 - The Best Mode Requirement,
Patent Law,
Patent Procedure