“‘Best Mode’ Requirement Applies to the Entirety of What is Claimed,” Kevin M. Dunn, Esq.

“Best mode” refers to an inventor’s preferred embodiment of an invention within a patent application. Recently, in Ajinomoto Co. v. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit clarified that the “best mode” requirement extends to all claimed elements, not just those that are believed to be inventive. Thus, when preparing a patent application, it is important to understand and disclose the inventor’s preferred examples for each element set forth in the set of claims.