Q) Best Mode

by patentbar on May 17, 2007 · 3 comments

in Exam Questions


One question about best mode. One of the answer choices is: If applicant doesn’t designate a best mode, but puts forth several embodiment – the application does not require a statement which specifically points out the best mode.

2165.01 Considerations Relevant to Best Mode
[...]III. DESIGNATION AS BEST MODE IS NOT REQUIRED
There is no requirement in the statute that applicants point out which of their embodiments they con­sider to be their best; that the disclosure includes the best mode contemplated by applicants is enough to satisfy the statute.

{ 3 comments… read them below or add one }

1 samboNo Gravatar September 12, 2009 at 10:38 am

Q. yesterday on best mode. Which is in accord with MPEP>…

1.Best mode is same as Enablement Req. —obvioulsy NO!

2.Best mode is the best mode made by inventor at the time of filing, as opposed to another inventor. <–couldnt find in MPEP but chose this

3..5 cant remember

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2 StephNo Gravatar January 13, 2010 at 10:17 pm

i had this question on my exam yesterday (Jan 12 2010)
I remember that one of the choices was something like “if the inventor discloses a bunch of modes including the one he thinks is the best without explaining which one he thinks is the best, the best mode requirement is still satisfied”

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3 SNo Gravatar June 5, 2010 at 7:00 am

I got three best mode questions.

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