The “best mode” requirement in the Leahy Smith America Invents Act of 2011 continues the previous best mode requirement in largely an attenuated form. But, there are three problems:  (1) There is now built into the law a statutory discrimination against applicants who rely upon a foreign, Paris Convention priority (whereas reliance on a provisional or continuing application is exempt from denial of priority based upon a best mode violation); (2) perpetuation of the practice has unexpected real life consequences; and (3) the Patent Officecontinues its best mode requirement for patent applicants.

The solution:  The “best mode” requirement should be abolished altogether by a simple statutory change,  as explained in the attached paper:  “The ‘New Kawai’: The Anachronistic and Discriminatory “Best Mode” Requirement of the Leahy Smith America Invents Act of 2011”.

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Regards,
Hal