The “New Kawai”: The Anachronistic and Discriminatory “Best Mode” Requirement of the Leahy Smith America Invents Act of 2011), recently distributed, has been revised to take into account further information. The revisions are found in the attached new version takes this information into account in a new “Blowback” section (pp. 24-28).
TRIPS Compliance: The Blowback section includes a discussion as to whether the best mode priority rules in the United States are in violation of the spirit of the TRIPS.
Whether the Best Mode Law is a TRIPS Discrimination: The Blowback includes a credible argument by an expert who explains that there was no need for a special statutory exclusion for best mode priority because of symmetry involved with the statutory scheme. If this argument is accepted, then there may well be no TRIPS issue.