Best Mode Requirement Andamerican Inventsacts: Changes, Debates, And Prospective

Due to a surge of patent litigation number, the domestic demand for the call ofpatent reform. On September16,2011, President Obama signed the America InventsAct into law. The Act represented the largest overhaul of United States patent law inover fifty years and made significant changes to numerous portions of Title35of theUnited States Code, which contains the main body of patent law in the United States.One of the principle changes made by the law concerns the future role and operationof the best mode requirement in patent litigation. Therefore, violation of the bestmode requirement can no longer be considered grounds for invalidation of a patent.In general, the Enablement requirement is widely used and adopted throughout theworld. For the United States patent, if compared the patent disclosure requirementsas a room, then Enablement requirement merely constructs the floor of the room--itmake patent technology can be realized. Height and depth of the patent disclosure,however, is determined by the best mode requirement.The requirement roots in the constitution of the United States for the purpose of"promoting the progress of science and discovery and reform." Constitutionalconvention in1787, Virginia and representatives of south Carolina, proposed thepatent system to protect inventors, and it is agreed that the "national patent socialbenefits will greatly surpass the benefit giving to inventors." Naturally, thefundamental goal of the patent system did not exist in order to protect the interests of the inventor, on the contrary, its main purpose is to promote the reform and progressof technology and scientific discovery, and gives monopoly of the patent right to theinventor is but in exchange for the inventor to disclose technical consideration.Starting from this point, the United States at the beginning of the patent law wasrequiring the disclosure of the “Whole Truth”. The disclosure of technology is thekey factor why technology itself will progress.Further, in order to do take the inventor of the technical essence to feed thedevelopment of technology, the best mode requirement was put forward in1870.According to the requirements, the patent application has to disclose the innerpreferred implementation example, drawings in the specification.However, the United States patent reform act of2011best mode requirementwas put in a very awkward position, and seemed to have the table only empty shelland lost is the basis and soul of the most important. In this paper, issues of best moderequirement below will be discussed: the historical origin, the value of therequirement, its litigation status change after reform in2011, and the influence of thechanges.