What is the relationship between best mode and enablement requirements?
What is the relationship between best mode and enablement requirements?
While both best mode and enablement are requirements for patent specifications, they serve different purposes. The MPEP 2165.01 states:
“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.”
The enablement requirement ensures that the specification describes the invention in sufficient detail for a person skilled in the art to make and use the invention. In contrast, the best mode requirement ensures that the inventor discloses the best way they know to carry out the invention at the time of filing.
While a disclosure might enable the invention, it could still fail the best mode requirement if the inventor conceals their preferred embodiment. Conversely, disclosing the best mode doesn’t necessarily satisfy enablement if the overall disclosure lacks sufficient detail for one skilled in the art to make and use the invention.
To learn more: