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 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.” This means that the USPTO considers the average level of skill and knowledge that professionals in the relevant field would possess when evaluating whether a specification is enabling.
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Topics:
MPEP 2100 - Patentability,
MPEP 2164.05(B) - Specification Must Be Enabling To Persons Skilled In The Art,
Patent Law,
Patent Procedure