Comments on: Q) Best Mode http://mypatentbar.com/2007/05/17/q17-best-mode/ Patent Bar Review and Study Guide Sat, 19 May 2012 21:57:45 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: GDB http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-38891 GDB Thu, 19 Apr 2012 23:09:44 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-38891 Got a best mode question 04/19/12 Got a best mode question 04/19/12

]]> By: Sol http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-38068 Sol Wed, 11 Apr 2012 18:17:59 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-38068 Best mode Who decides it is the Best mode? The inventor. Not anyone else or posista. It is subjective. As long as the inventor disclose the best mode he things, then it is OK. And the inventor does not need to point out which is the best mode as long as the best mode in his mind is included in the application. AND it is at the time of filing Inventor has disclosed A, B, C modes and did NOT disclose X mode Others, at the time of filing, made E, F modes If A is the best mode in the inventor's mind, It is not desginated is the best mode, OK If the inventor cannot tell wich one is the best, but sure X is not the best mode, OK If the inventor consier X the best mode, TROUBLE If the inventor does not know E, F, OK not to disclose If the inventor know E, F and consier them inferior to A/B/C (regardless if it is objective correct or not), OK not to disclose If the inventor know E and consider E is the best mode, he HAS TO disclose E even if he is not the one who discovered it. The failure to disclose a better method will not invalidate a patent if the inventor, at the time of filing the application, did not know of the better method ORdid not appreciate that it was the best method. All applicants are required to disclose for the claimed subject matter the best mode contemplated by the inventor even though applicant may not have been the discoverer of that mode. Benger Labs. Ltd. v. R.K. Laros Co., 209 F. Supp. 639, 135 USPQ 11 (E.D. Pa. 1962). Best mode
Who decides it is the Best mode? The inventor. Not anyone else or posista. It is subjective. As long as the inventor disclose the best mode he things, then it is OK. And the inventor does not need to point out which is the best mode as long as the best mode in his mind is included in the application. AND it is at the time of filing

Inventor has disclosed A, B, C modes and did NOT disclose X mode
Others, at the time of filing, made E, F modes
If A is the best mode in the inventor’s mind, It is not desginated is the best mode, OK
If the inventor cannot tell wich one is the best, but sure X is not the best mode, OK
If the inventor consier X the best mode, TROUBLE

If the inventor does not know E, F, OK not to disclose
If the inventor know E, F and consier them inferior to A/B/C (regardless if it is objective correct or not), OK not to disclose
If the inventor know E and consider E is the best mode, he HAS TO disclose E even if he is not the one who discovered it.

The failure to disclose a better method will not invalidate a patent if the inventor, at the time of filing the application, did not know of the better method ORdid not appreciate that it was the best method.

All applicants are required to disclose for the claimed subject matter the best mode contemplated by the inventor even though applicant may not have been the discoverer of that mode. Benger Labs. Ltd. v. R.K. Laros Co., 209 F. Supp. 639, 135 USPQ 11 (E.D. Pa. 1962).

]]> By: TheGhostOfBilski http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-37997 TheGhostOfBilski Wed, 11 Apr 2012 03:38:53 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-37997 similar Q 4/6/2012 similar Q 4/6/2012

]]> By: Remanded http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-29520 Remanded Sat, 21 Jan 2012 00:40:52 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-29520 Saw this 20 January 2012. Saw this 20 January 2012.

]]> By: maggie http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-17781 maggie Sun, 16 Oct 2011 21:37:30 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-17781 Yes, As Jeremy states (below). Best mode does not need to be directly pointed out in application but does need to be disclosed somewhere. Yes, As Jeremy states (below). Best mode does not need to be directly pointed out in application but does need to be disclosed somewhere.

]]> By: sgw http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-17771 sgw Sun, 16 Oct 2011 20:19:02 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-17771 Got this 10/16/2011. Applicant does not have to specify which is the best mode, etc. Got this 10/16/2011.
Applicant does not have to specify which is the best mode, etc.

]]> By: Jeremy http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-16209 Jeremy Thu, 22 Sep 2011 19:53:20 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-16209 The distinction seems to be: best mode is DISCLOSED when it is one of the one or more embodiments presented, however it need not be POINTED OUT. The requirement is that it be present (disclosed). The distinction seems to be: best mode is DISCLOSED when it is one of the one or more embodiments presented, however it need not be POINTED OUT. The requirement is that it be present (disclosed).

]]> By: Danny http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-16067 Danny Mon, 19 Sep 2011 16:49:42 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-16067 This case law is talking about a situation where the best mode has already been designated when filed, but the inventor finds a better mode later. In this instance, there is no need to disclose the better one. But, without stating the best mode at filing, the app. is incomplete and will be rejected under 112. This case law is talking about a situation where the best mode has already been designated when filed, but the inventor finds a better mode later. In this instance, there is no need to disclose the better one. But, without stating the best mode at filing, the app. is incomplete and will be rejected under 112.

]]> By: Danny http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-15865 Danny Thu, 15 Sep 2011 21:44:52 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-15865 Same question for you. Your answer seems to indicate that best mode is not required. Please reconcile. Same question for you. Your answer seems to indicate that best mode is not required. Please reconcile.

]]> By: Danny http://mypatentbar.com/2007/05/17/q17-best-mode/#comment-15864 Danny Thu, 15 Sep 2011 21:43:56 +0000 http://patentbar.wordpress.com/2007/05/17/q17-best-mode/#comment-15864 i don't understand this answer. You need to have a best mode under 112. Your answer seems to indicate that you don't. Please reconcile. i don’t understand this answer. You need to have a best mode under 112. Your answer seems to indicate that you don’t. Please reconcile.

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