What is the objective inquiry in best mode assessment?
The objective inquiry is the second component of the best mode analysis, as outlined in MPEP 2165.03. This inquiry is only conducted if the subjective inquiry indicates that the inventor knew of a better mode at the time of filing. The objective inquiry involves:
“Compare what was known in (A) with what was disclosed – is the disclosure adequate to enable one skilled in the art to practice the best mode?”
This inquiry is objective because it focuses on whether the disclosure in the patent application is sufficient for a person skilled in the relevant art to practice the best mode. It depends on the level of skill in the art and the adequacy of the information provided in the specification.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2165.03 - Requirements For Rejection For Lack Of Best Mode,
Patent Law,
Patent Procedure