Research On Best Mode Requirement In US Patent Law

The purpose of this paper is to study the problem of low quality disclosure in patent,and to put forward suggestions for solving this problem,leading to the fact that the public cannot effectively use patent to guide scientific research,production and life,contrary to the legislative purpose of the patent law,and conflicts with the meaning of the patent system setting.Therefore,this problem has become an obstacle to the progress of social science and technology,which needs to be solved urgently.Throughout the Patent Law of China on patent disclosure,full disclosure of specification in Article 26,paragraph 3 is the most relevant.The best mode requirement goes further than the full disclosure of specification.On the basis of"being able to manufacture and use the invention",the inventor is required to disclose the best way to implement the invention that he knows when applying for a patent.It can be seen that the best mode requirement put forward higher requirements for patent disclosure,which is helpful to solve the problem of low-quality patent disclosure.Therefore,this paper studies the best mode requirement,hoping to put forward my suggestions to improve the quality of patent disclosure.Firstly,this paper studies the concept and significance of best mode requirement.Next,the significance of the requirement is studied.Although the best mode requirement is not widely used in the world patent law system,its practical significance cannot be ignored.This paper studies the legislative purpose of patent law,the essence of patent system and the effective use of scientific research resources.The purpose of patent system is to promote the progress of science and technology,and the requirement can promote the high-quality disclosure of patent,encourage the emergence of new inventions and creations,which is in line with the purpose of the patent system.The essence of the patent system is public for protection.Actually,it is the contract between the patentee and the government.The patentee has a super-long monopoly period granted by the society for 20 years.It is the obligation of the inventor to disclose his most valuable technology to the society to promote the quality of patent disclosure.Scientific research resources are the important part of society information and people in the art should not be misguided because some patentees hide or fake the best implementation methods.Therefore,the disclosure requirement has important practical significance.This paper studies the constitutive requirement of best mode requirement.Considering the relative maturity of the best practice in American patent law,this paper mainly studies the cases in America.The study finds that the constitutive requirements are mainly divided into subjective and objective aspects.When deciding whether the best mode requirement is violated,the subjective inventor is first determined whether he knows the best mode.If such an implementation mode exists,then the objective aspect is determined.If the inventor subjectively knows the best mode and objectively fails to disclose the patent application,the best mode requirement is determined to be violated.This paper also studies the legal consequences of violating the best mode requirement in U.S.patent practice,mainly including the following types:rejection of patent applications,patent invalidation and inequitable conduct defense.Article 112 of U.S.Patent Law refers to the best mode requirement.As a substantive requirement for patent patentability,a patent application will be rejected if it violates the requirement.U.S.Patent Law once took breach of best mode requirement as a reason for invalidation.If the patent applicant maliciously forges the data information related to the best mode,the current U.S.Patent Law also provides a way for the defendant,which is called inequitable conduct defense.Base on the above research,this paper provides some suggestions for the construction of the best mode requirement of patent law in China.Firstly,the best mode requirement may include subjective constituent elements and objective constituent elements.First,it judges whether the applicant knows the best mode,and then it judges whether he hide the best mode.Compared with the American patent practice,it is suggested that the scope of the inventor should be extended to the applicant and inventor so as to prevent individual applicants from evading the requirement under the art of the inventor.The objective elements are suggested to identify the best mode to help the public identify them.Secondly,suggestions on the legal consequences of violating the best mode requirement may include rejection of patent applications,invalidity of patents,defense of the best mode requirement in patent infringement litigation and liability for false statements.If the patent applicant involves deliberately disclosing false data or making false promises or statements about the best mode,he shall be held liable,to deter such bad practices.In order to help better implementation of best mode requirements,this paper also proposes to increase the requirements for continuous disclosure of best mode.Today,with the rapid development of science,the best mode will also continue to change.By setting up continuous updating best mode requirement,we can help the public track technological innovations in this field.This paper also proposes to increase other constraints that violate the requirement in order to assist legal provisions in promoting the implementation of best mode requirement.This paper uses the literature method to study the changes of the best mode requirement in foreign countries,and to analyze its application in the world patent law.This paper adopts comparative method to study the best mode requirement,and through the differences between China and the United States in the disclosure of specification,especially in the best mode,it analyses the problems existing in the disclosure of patent information in China.This paper also uses case analysis method to study the relevant cases and precedents of the best mode requirements in U.S.Through the analysis of the relevant case,it puts forward suggestions on the establishment of the constituent elements and legal consequences of the best mode requirement in China.To sum up,this paper studies the significance of the best mode requirement by research and the efficient utilization of scientific research resources.By studying American patent law and cases,this paper analyses the constitutive requirement and the legal consequences of violation of the requirements.In order to solve the problem of effective disclosure of patent information,some shallow suggestions are provided.