What is the relationship between best mode and enablement in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Best Mode Requirement for Applications Filed On Or After September 16, 2012 MPEP 2165 Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended No Requirement to Update Best Mode for Priority Applications MPEP 2165.01 Required Best Mode Must Be Disclosed at Filing MPEP 2165.01 Prohibited Best Mode Not Necessarily Disclosed by Example MPEP 2165.01 Best Mode Can Be Preferred Conditions MPEP 2165.01 Permitted Invention's Best Mode Must Be Disclosed MPEP 2165 Required Requirement for Best Mode Disclosure MPEP 2165 Required Other Related FAQs 5 FAQs Collapse How does the AIA affect the best mode requirement in patent applications? How does the America Invents Act (AIA) affect the best mode requirement? How is the best mode requirement assessed in patent examinations? What is the re...