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From the USPTO's Manual of Patent Examination Procedure: (quoting the patent statute): "The specification. . . shall set forth the best mode contemplated by the
by dctoedt 5y ago
From the USPTO's Manual of Patent Examination Procedure: (quoting the patent statute): "The specification. . . shall set forth the best mode contemplated by the inventor of carrying out his invention."
And the Manual's explanation: "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."
https://www.uspto.gov/web/offices/pac/mpep/s2165.html https://www.uspto.gov/web/offices/pac/mpep/s2165.html
- mlyle 5y agoNote that all the teeth are gone from best mode, though. You're now "required" to disclose best mode, but don't face invalidation of a patent for failure to disclose best mode.
- dctoedt 5y agoAgreed — but I'd imagine that intentional failure to disclose best mode could still be a basis for an inequitable-conduct holding. (It's been a few years since I did patent work; a quick search in scholar.google.com didn't reveal any case law on point.) And in a close case, in jurors' minds, evidence of a best-mode failure might help tip the balance against validity on other grounds.