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Best Mode

Question BM1:  What is the effective date for the Best Mode provision in the AIA?

The effective date for the Best Mode provision in the AIA is September 16, 2011.

Question BM2:  Does AIA’s amendment to 35 U.S.C. 282(a)(3) impact current patent examination practice regarding evaluation of an application for compliance with the best mode requirement of 35 U.S.C. 112?

No.  As this change is applicable only in patent validity or infringement proceedings, it does not change current patent examination practices set forth in MPEP § 2165.

Question BM3:  What is the impact of AIA’s amendment to 35 U.S.C. 282(a)(3) concerning Best Mode?

The failure to disclose the best mode shall no longer be a basis, in patent validity or infringement proceedings, on which any claim of a patent may be canceled or held invalid or otherwise unenforceable.  As stated above, this new practice does not affect the patent examination practice.

United States Patent and Trademark Office
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Last Modified: 8/7/2012 11:09:28 AM