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Note that all the teeth are gone from best mode, though. You're now "required" to disclose best mode, but don't face invalidation of a patent for failure to disclose best mode.


Agreed — but I'd imagine that intentional failure to disclose best mode could still be a basis for an inequitable-conduct holding.

(It's been a few years since I did patent work; a quick search in scholar.google.com didn't reveal any case law on point.)

And in a close case, in jurors' minds, evidence of a best-mode failure might help tip the balance against validity on other grounds.




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