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Patent and Disclosure by Best Method
(2009)
  • Prantik Garai
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.
Keywords
  • patent law in India,
  • Disclosure by Best Method
Publication Date
2009
Citation Information
Prantik Garai. "Patent and Disclosure by Best Method" (2009)
Available at: http://works.bepress.com/prantik_garai/1/