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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(5) [September 2011] >
| Title: | Best Mode Disclosure for Patent Applications: An International and Comparative Perspective |
| Authors: | Lu, Bingbin |
| Keywords: | Patent
Best mode
Disclosure requirements
TRIPS Agreement |
| Issue Date: | Sep-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | The best mode disclosure requirement helps to ensure that the public
receives a full and honest disclosure in return for the grant of patent. It has
a profound theoretical basis and foundation. The best mode disclosure requirement is an
optional obligation under the TRIPS Agreement in its Article 29. Among the most
important developed countries that have implemented this disclosure requirement
are the US
and Japan; however, there are certain differences in their national laws and
practices, especially with regard to the legal effect of this requirement. In
the US,
patent reform is tending towards removing the best mode disclosure from the
list of reasons to invalidate a granted patent; although, the requirement will
still apply to all patent applications during patent prosecutions. Developing
countries are recommended to consider adopting the best mode disclosure
requirement in their patent laws. It is proposed that patent applicants be
required to disclose the best mode which shall be a substantive condition for
patent grant; however, the failure to disclose the best mode may not constitute
a reason to invalidate a granted patent.
The
objective of this article is to study the best mode disclosure requirement from
an international and comparative perspective, and suggest how developing countries
should implement this disclosure requirement. The article also seeks to answer
to two questions: whether a developing country should implement the best mode
disclosure requirement, and if so, how to best implement it? |
| Page(s): | 409-417 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(5) [September 2011]
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