How is the level of skill in the art determined 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 level of skill in the art is a crucial factor in determining enablement. According to MPEP 2164.05(a), “The relative skill of those in the art refers to the skill of those in the art in relation to the subject matter to which the claimed invention pertains at the time the application was filed.”

This means that the level of skill is assessed based on what a person of ordinary skill in the art would have known at the time of filing. The MPEP further clarifies: “35 U.S.C. 112(a) requires the specification to be enabling only to a person ‘skilled in the art to which it pertains, or with which it is most nearly connected.’“

Additionally, the MPEP states: “In general, the pertinent art should be defined in terms of the problem to be solved rather than in terms of the technology area, industry, trade, etc. for which the invention is used.” This guidance helps in properly contextualizing the level of skill when assessing enablement.