Publications
The Best Mode Disclosure Requirement in Patent Practice
Acting within the scope of the Congressional mandate to “Promote the Progress of Science and useful Arts”,1 Congress has given to inventors a limited monopoly in the form of a right to exclude others from making, using or selling the invention2 in exchange for public disclosure sufficient to enable one skileld in the relevant art to practice the invention.3 However, above and beyhond such an “enabling disclosure” requirement, Congress has specified that the embodiment of the public disclosure, the patent application, must describe the “best mode contemplated by the inventor of carrying out his investment.”4