How does the USPTO define “persons skilled in the art” for enablement purposes?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO’s definition of “persons skilled in the art” is crucial for understanding enablement requirements. According to MPEP 2164.05(b):

“The specification need not disclose what is well-known to those skilled in the art and preferably omits that which is well-known to those skilled and already available to the public.”

Key points about the USPTO’s definition of “persons skilled in the art” include:

• Ordinary Skill: It refers to those with ordinary skill in the relevant field, not experts.
• Hypothetical Person: It’s a legal construct representing the average practitioner in the field.
• Knowledge Base: This person is presumed to have knowledge of the relevant prior art.
• Education and Experience: The level of education and experience can vary depending on the complexity of the technology.
• Common Sense: They are expected to use common sense and basic scientific principles.

Examiners and courts use this standard to determine if a specification is enabling and if the invention would require undue experimentation to be made and used.