Legal Definitions - failure-to-disclose-best-mode rejection

A failure-to-disclose-best-mode rejection occurs when a patent application is denied by a patent office because the inventor failed to reveal the single best way they knew at the time of filing to make or use their invention. Patent law requires inventors to describe their invention in enough detail for others to understand and replicate it. This includes disclosing the "best mode" known to the inventor for carrying out the invention, ensuring that the public receives the full benefit of the invention in exchange for the patent monopoly. If an inventor intentionally conceals or fails to disclose a superior method or embodiment of their invention that they knew about when they filed the application, the patent application can be rejected on this ground.

Here are some examples to illustrate this concept:

• Example 1: Manufacturing Process Optimization

  An inventor develops a new, highly efficient method for 3D printing complex metal parts. During their research, they discover that using a specific type of laser, operating at a precise frequency and power setting, significantly reduces printing time and improves the structural integrity of the finished parts compared to other lasers and settings. This specific laser and its operating parameters represent the "best mode" known to them. However, in their patent application, they only describe a generic laser and a broader range of settings, intentionally omitting the details of their superior discovery to maintain a competitive advantage outside the patent's scope. If the patent examiner or a court later discovers this intentional omission, the patent application could face a failure-to-disclose-best-mode rejection because the inventor withheld the most effective way they knew to practice the invention.

• Example 2: Chemical Composition Secrecy

  A pharmaceutical company invents a new coating for a drug tablet that dramatically improves its absorption rate in the human body. Through extensive testing, they identify a particular polymer blend that, when applied in a specific thickness, achieves optimal bioavailability. This precise polymer blend and application method is their "best mode." When filing the patent application, the company describes a general class of polymers and a range of thicknesses, but deliberately avoids mentioning the exact, most effective formulation and application technique, hoping to keep this critical detail as a trade secret. Should this deliberate concealment come to light, the patent application would be vulnerable to a failure-to-disclose-best-mode rejection because the inventor knew of a superior way to implement their invention but chose not to disclose it.

• Example 3: Software Algorithm Efficiency

  An engineer develops a groundbreaking algorithm for real-time video compression. They discover that incorporating a specific, novel data structure significantly boosts the algorithm's speed and compression ratio, making it far more efficient than any other known method. This particular data structure and its implementation are the "best mode" for their invention. In their patent application, they describe the general principles of the algorithm and some common data structures, but intentionally omit any mention of their unique, highly optimized data structure. If this omission is discovered, perhaps through subsequent litigation or examination, the patent application could be subject to a failure-to-disclose-best-mode rejection because the inventor failed to disclose the most effective way they knew to carry out their patented software invention.