Under the AIA, how strict is the requirement for disclosing "the best mode" in an application?

The requirement for disclosing "the best mode" under the America Invents Act (AIA) is indeed not strict, and failure to disclose the best mode does not invalidate a patent application. The best mode requirement was designed to ensure that an inventor fully discloses the preferred method of carrying out the invention, providing the public with valuable information. However, the AIA significantly diminished the enforceability of this requirement in terms of patentability. While inventors are encouraged to disclose their best mode, the law does not impose penalties or consequences if they fail to do so. Importantly, the AIA changes mean that an application can still be deemed valid even if the best mode is not disclosed, making it clear that the focus is more on novelty and non-obviousness rather than strict adherence to best mode disclosure. This conceptual shift reflects a broader goal of enhancing patent clarity and utility while simplifying the enforcement of patent rights.