What is the relationship between “undue experimentation” and the level of skill in the art?

The relationship between “undue experimentation” and the level of skill in the art is crucial in determining whether a specification is enabling. According to MPEP 2164.05(b):

“The relative skill of those in the art refers to the skill level of those in the art in the technological field to which the claimed invention pertains. Where the level of skill is high, one would expect a lower amount of disclosure to be sufficient to comply with the enablement requirement.”

This means that:

• For fields with highly skilled practitioners, less detailed disclosure may be required for enablement.
• In fields with lower skill levels, more comprehensive disclosure might be necessary to avoid undue experimentation.
• The examiner must consider the level of skill in the art when assessing whether the disclosure is sufficient for enablement.

To learn more:

• undue experimentation
• level of skill
• enablement requirement
• patent specification