Best Mode

Overview

The America Invents Act, in section 15, amends 35 U.S.C. § 282 to provide that “the 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.”

The specification of a patent application still must include, among other things, the best mode contemplated by the inventor for carrying out the invention, so procedures regarding patent examination do not change. However, post-issue proceedings are impacted.

Upcoming Events/Key Dates

The modification regarding best mode went into effect on September 16, 2011, and applies to all proceedings commenced on or after that date.