This article discusses the best mode requirement set forth in section 112 of the United States Patent Act. This requirement is unique to United States patent law and must be satisfied by every utility patent application filed with the United States Patent and Trademark Office. This article then discusses how decisions of the United States Court of Appeals for the Federal Circuit have helped clarify and refine the best mode requirement and its application to patents in the field of computer technology (i.e., In re Hayes Microcomputer Products). Then it discusses how these holdings have made this already difficult area of United States patent law even more complex.
Kenneth R. Adamo, The Best Mode Requirement in United States Patent Practice in 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993)