Patent and Disclosure by Best Method

Prantik Garai, West Bengal National University of Juridical Science

Abstract

The term written description itself is ambiguous but fulfills a vital function as well as several policy objectives in modern patent practice. Written description serves two functions: first, it shows possession of the invention as of the time of the filing of the patent application; and, second, it teaches others what the invention is and how to make and use it, i.e. enablement. Additionally, the written description requirement prevents the introduction of new matter in a patent application beyond the scope of the originally filed specification.

If this evaluation of the best mode is handled on a good faith basis with full disclosure of the inventor's state of knowledge at the time the application filed, changes in the invention subsequent to the filing of the patent application are irrelevant to this issue. Honesty and good faith are the key elements required to avoid a challenge to validity of any resultant patent based upon failure to comply with this standard.