What is the “skilled in the art” standard for computer programming patents?

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.

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 both technologies is the appropriate criteria for determining sufficiency.”

This means that when evaluating the enablement of a patent application involving computer programming and another field, the examiner must consider the knowledge of someone skilled in both areas.