Re: Re: Best mode of carrying out the invention
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Posted by M. Arthur Auslander on April 30, 2003 at 21:51:15:
In Reply to: Re: Best mode of carrying out the invention posted by Jack on April 30, 2003 at 13:21:36:
: Hey Mike, : : In answer to your question about best mode -- the best mode means the best "method? or "means" for carrying out the claimed invention. Thus, if someone invents an optical eye glass then they must disclose the best way for making this eye glass --- if they decide to use this eyeglass to start fires then this is a different use and thus a different invention - they could then : have claims directed toward a method for starting a fire using an optical eyeglass ... : : If you understand the reason behind the best mode you will understand the rule better. The reason for the best mode is to prevent persons from keeping parts of the invention secret and trying to extend the life of the patent. For example .. say we invent a new tool called X .. we know the tool X has parts A, B and C. You could still make X with just A and B but it would not work quite as well. You must disclose the embodiment of X having A B & C in the patent .. you cannot disclose only A and B then later try to write a second patent disclosing A B & C !! : : Hope this helps : : J Carr : Patent Attorney Dear Mr. Carr, Sorry I didn,t read your reply before I posted. M. Arthur Auslander Auslander & Thomas-Intellectual Property Law Since 1909 3008 Johnson Ave., New York, NY 10463 7185430266, aus@auslander.com ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ Reality Check®
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