The Pseudo-Elimination of Best Mode: Worst Possible Choice?

10 Pages Posted: 10 Jul 2012 Last revised: 8 May 2013

Jason Rantanen

University of Iowa - College of Law

Lee Petherbridge

Loyola Law School Los Angeles

Multiple version iconThere are 2 versions of this paper

Date Written: 2012

Abstract

Even as it is hailed as the most significant legislative change to patent law in a half-century, some of the changes the U.S. Congress made in the Leahy- Smith America Invents Act are surprisingly equivocal. One provision captures this aspect of the Act particularly well: the pseudo-elimination of the best mode requirement. In this Essay, we develop the concern that by equivocating on the best mode requirement, Congress may have failed to achieve the goal of leveling the playing field between U.S. and foreign applicants. In fact, Congress may have tilted the playing field from uneven in one direction, if it ever was uneven, to uneven in the other.

Keywords: Patent, Patent Reform, Leahy-Smith, America Invents Act, Innovation, Best Mode, Patent Disclosure

Suggested Citation

Rantanen, Jason and Petherbridge, Lee, The Pseudo-Elimination of Best Mode: Worst Possible Choice? (2012). 59 UCLA L. Rev. Disc. 170 (2012); U Iowa Legal Studies Research Paper No. 13-22; Loyola-LA Legal Studies Paper No. 2012-30. Available at SSRN: https://ssrn.com/abstract=2103278

Jason Rantanen

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

Lee Petherbridge (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8194 (Phone)
213-380-3769 (Fax)

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