How does the USPTO determine if a person is “skilled in the art” for the purpose of enabling disclosure?
The USPTO determines if a person is “skilled in the art” by considering the typical level of expertise in the specific technological field of the invention. This standard is used to assess whether the patent specification provides enough information for such a person to understand and implement the invention. According to MPEP 2164.05(b), “The relative…
Read MoreWhat is the “skilled in the art” standard for computer programming patents?
In cases involving both computer programming and another technology, the “skilled in the art” standard requires knowledge of both technologies. The MPEP states: “In regard to the “skilled in the art” standard, in cases involving both the art of computer programming, and another technology, the examiner must recognize that the knowledge of persons skilled in…
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