Is Best Mode Dead?

One of the changes coming into effect with the America Invents Act is that courts will be stripped of the power to declare patents invalid or unenforceable because of failure to disclose the best mode of practicing the invention.  A confusing factor is that the best mode requirement will still be a part of of section 112 of Title 35.  Many commentators have declared that the best mode requirement  is effectively dead.  What does this mean for independent inventors and small companies? Well it means that there may be more flexibility with regard to drafting patent applications and maintaining trade secrets.  Greenbaum P.C. would be happy to answer any questions about how these changes affect you.  For more information see:   http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2103278.

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