What is the relationship between best mode and enablement in patent applications?
What is the relationship between best mode and enablement in patent applications?
The best mode requirement is distinct from, but related to, the enablement requirement in patent applications. While both are part of the specification requirements under 35 U.S.C. 112(a), they serve different purposes:
- Enablement requires the specification to teach how to make and use the invention.
- Best mode requires disclosure of the inventor’s preferred embodiment of the invention.
As stated in MPEP 2165.01: “The best mode requirement is a separate and distinct requirement from the enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.” However, both requirements contribute to ensuring that the public receives a complete and accurate disclosure of the invention in exchange for the patent grant.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2165.01 - Considerations Relevant To Best Mode,
Patent Law,
Patent Procedure