Best Mode

The specification is required to include the best mode contemplated by the inventor for carrying out the invention. This does not mean that the best way of carrying out the invention in any absolute sense must necessarily be disclosed, but only the best way contemplated by the inventor. This requirement also pertains to the point in time when the application was filed and need not be updated if a new best mode is subsequently contemplated by the inventor.

This requirement for disclosure of the best mode is to prevent inventors from obtaining the benefits of patent protection while maintaining for themselves, by concealing from the public, the preferred ways in which to carry out the invention. The best mode disclosure, as well as the enablement requirements previously discussed, represents the consideration given by the inventor in exchange for the benefits of the rights granted by the patent (ie, the right to exclude others from making, using, selling, offering for sale, or importing the invention).

In the event a specification does not satisfy the requirements of 35 USC ยง112, a patent can be held invalid. In addition, if the best mode was deliberately concealed, the issue of inequitable conduct against the office may be involved.

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