4 ms·
> even given the best mode requirement The best-mode requirement was pretty much neutered as part of the America Invents Act, because: 1. USPTO patent examine
by dctoedt 4y ago
> even given the best mode requirement
The best-mode requirement was pretty much neutered as part of the America Invents Act, because:
1. USPTO patent examiners normally don't inquire about best mode unless there's a pretty-obvious failure; and
2. in litigation about an issued patent, "failure to disclose the best mode shall not be a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable ...." (35 U.S.C. § 282(b)(3)(A), at https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e305845 https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l....)