Please use this identifier to cite or link to this item: http://nopr.niscpr.res.in/handle/123456789/12691
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dc.contributor.authorLu, Bingbin-
dc.date.accessioned2011-09-12T04:46:43Z-
dc.date.available2011-09-12T04:46:43Z-
dc.date.issued2011-09-
dc.identifier.issn0975-1076 (Online); 0971-7544 (Print)-
dc.identifier.urihttp://hdl.handle.net/123456789/12691-
dc.description409-417en_US
dc.description.abstractThe 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?
en_US
dc.language.isoen_USen_US
dc.publisherNISCAIR-CSIR, Indiaen_US
dc.rights CC Attribution-Noncommercial-No Derivative Works 2.5 Indiaen_US
dc.sourceJIPR Vol.16(5) [September 2011]en_US
dc.subjectPatenten_US
dc.subjectBest modeen_US
dc.subjectDisclosure requirementsen_US
dc.subjectTRIPS Agreementen_US
dc.titleBest Mode Disclosure for Patent Applications: An International and Comparative Perspectiveen_US
dc.typeArticleen_US
Appears in Collections:JIPR Vol.16(5) [September 2011]

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