What is the subjective inquiry in best mode assessment?
The subjective inquiry is the first component of the best mode analysis, as described in MPEP 2165.03. It focuses on the inventor’s state of mind at the time of filing the patent application. Specifically, the examiner must:
“Determine whether, at the time the application was filed, the inventor knew of a mode of practicing the claimed invention that the inventor considered to be better than any other.”
This inquiry is subjective because it relates to the inventor’s personal knowledge and preferences. Unless there is evidence that the inventor had information about a better mode at the time of filing, there is no basis for a best mode rejection, and the second component (objective inquiry) is not necessary.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2165.03 - Requirements For Rejection For Lack Of Best Mode,
Patent Law,
Patent Procedure