What is the obligation imposed by the best mode requirement?
The best mode requirement imposes an obligation on inventors to disclose the best way they know of carrying out their invention at the time of filing the patent application. MPEP 2165.02 cites a key Federal Circuit decision:
“If, however, the applicant [inventor] develops specific instrumentalities or techniques which are recognized by the [inventor] at the time of filing as the best way of carrying out the invention, then the best mode requirement imposes an obligation to disclose that information to the public as well.”
This requirement ensures that inventors don’t keep their preferred implementation secret while obtaining patent protection. It promotes full disclosure of the invention, benefiting the public and advancing the state of the art in the field.
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