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Deeply rooted in our system of American jurisprudence is the notion that every legal right requires a remedy. This follows from the very nature of a legal right. A legal right imposes a correlative duty on one to act or refrain from acting for the benefit of another. Unless this duty can be enforced, it is not a duty. Rather, it is merely a hope or desire on the part of the beneficiary that the act or forbearance will occur. Thus, a right without a remedy is simply not a right at all. Against this backdrop, recent changes to the best mode requirement under the Leahy-Smith America Invents Act will be examined.

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