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Definition

A requirement that, at filing, the inventorinventorThe person who actually conceived the invention. Listed on the patent regardless of who owns it.Read more → disclose the best way they knew to carry out the invention. Since the America Invents Act, failing to disclose the best mode can no longer be used to invalidate a patent in litigationlitigationA lawsuit over patent infringement. Litigated patents often signal commercial importance.Read more →, but it remains a filing requirement at the USPTO.

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Specification (§112)

Related terms

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Cross-referenced

Inventor

The person (or persons) who conceived the claimed invention. Inventorship is a legal concept distinct from contribution to a project — someone who merely built what was designed, or who had a general idea that was made more specific by someone else, may not qualify as an inventor. Incorrectly listing inventors can invalidate a patent.

Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Basis for rejection

The specific legal grounds a patent examiner cites when refusing to allow a claim. Common bases include lack of novelty (35 USC § 102), obviousness (35 USC § 103), failure to fully describe the invention (35 USC § 112), and unpatentable subject matter (35 USC § 101). An office action will state the basis for each rejection, and applicants must address each one in their response.

Broadest reasonable interpretation

A standard the USPTO uses during examination to interpret claim language. Examiners give claim terms the broadest meaning a person skilled in the art would reasonably understand from the specification — not the narrowest. This is intentional: if a claim is too broad it should fail during examination, not slip through and later cause harm. Applicants can argue against an overly broad interpretation by pointing to the specification or adding clarifying language.

Abstract

A brief summary (300 words or fewer) that appears at the top of every patent. The abstract describes what the invention does in general terms. Legally, it has almost no weight — courts use the claims to determine what a patent covers, not the abstract. The abstract is useful mainly for quickly scanning patents during a prior art search.

Anticipation

A legal standard for rejecting a patent claim. If every element of a claim was already disclosed in a single prior art reference — in a patent, article, or product — the claim is "anticipated" and cannot be patented. Anticipation requires a single source to contain every element; if you need two sources, it's an obviousness argument, not anticipation.

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