What does “relative skill of those in the art” mean in patent law?

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 “relative skill of those in the art” refers to the skill level of professionals in the technological field to which the claimed invention pertains. This concept is crucial in determining whether a patent 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.” This means that the specification must be understandable and practicable by someone with typical expertise in the relevant field.