Legal Definitions - inoperable mode

In patent law, the term inoperable mode refers to a situation where an inventor, when applying for a patent, describes a way of making or using their invention that is intentionally suboptimal, misleading, or designed to conceal the true "best mode" of the invention.

Patent law requires inventors to disclose the "best mode" — the best way they know to practice their invention — at the time they file their patent application. An "inoperable mode" arises when an inventor deliberately describes a method or configuration that is inferior to the best known method, with the intent to deceive the public or competitors, or to keep the most effective version of their invention a secret. This deliberate misrepresentation or concealment is considered "inequitable conduct" and can have severe consequences, such as preventing the patent from being granted or rendering an already issued patent unenforceable.

Here are some examples illustrating an inoperable mode:

• Example 1: Chemical Manufacturing Process

  An inventor develops a groundbreaking chemical process that efficiently converts raw materials into a valuable product using a specific catalyst (Catalyst A) and precise temperature controls. This combination yields the highest purity and greatest output. However, in the patent application, the inventor describes using a slightly different catalyst (Catalyst B) or a broader, less optimal temperature range, knowing that these variations will result in lower purity or reduced yield. The inventor's intent is to secure a patent while simultaneously making it difficult for competitors to replicate the true, superior performance of their invention by withholding the critical details of Catalyst A and the exact temperature settings. This deliberate concealment of the best mode through the description of an inferior method would be considered an inoperable mode.

• Example 2: Advanced Electronic Circuit

  A company invents a novel electronic circuit that significantly improves battery life in mobile devices. The circuit achieves its peak efficiency when constructed with a particular type of semiconductor material and a unique layout design. When filing the patent application, the company describes a circuit built with a more common, less efficient semiconductor material and a slightly altered layout. While the described circuit would still function, it would not deliver the breakthrough battery life improvement that the company's true best mode achieves. If the company intentionally described this suboptimal configuration to prevent competitors from easily matching their product's performance, it would be an instance of an inoperable mode, demonstrating an intent to conceal the best way to practice the invention.

• Example 3: Specialized Medical Device

  An inventor develops a new surgical tool that performs a delicate procedure with exceptional precision due to a unique alloy used in its tip and a specific ergonomic handle design. This combination allows for superior control and minimizes patient risk. In the patent application, the inventor describes the tool using a standard, less durable alloy for the tip and a generic handle design, knowing that this version would be less effective and potentially more difficult for surgeons to use. The inventor's motivation is to obtain patent protection while keeping the superior material and handle design a trade secret, making it harder for others to create a tool with the same high performance. This deliberate description of a less effective version, intended to hide the true best mode, would constitute an inoperable mode.