What is the subjective nature of the best mode requirement in patent law?
What is the subjective nature of the best mode requirement in patent law?
The best mode requirement in patent law has a subjective component that distinguishes it from other patentability requirements. This subjectivity is rooted in the inventor’s personal knowledge and preferences. According to MPEP 2165.01:
“The best mode requirement is a safeguard against the desire on the part of some people to obtain patent protection without making a full disclosure as required by the statute. The requirement does not permit inventors to disclose only what they know to be their second-best embodiment, while retaining the best for themselves.”
This subjective nature means that:
- The best mode is determined from the inventor’s perspective at the time of filing.
- It relates to the inventor’s personal knowledge and preferences, not an absolute best mode.
- The requirement can vary between inventors for the same invention.
Examiners and courts must consider what the inventor believed to be the best way of carrying out the invention, making this requirement unique in its personal and time-specific nature.
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