The concept of “man skilled in the art” or, according to recent terminology, “person skilled in the art,” applies in patent law. The person skilled in the art refers to a fictional character used as a reference for assessing certain patentability criteria, such as novelty, inventive step and sufficiency of description. He or she has general knowledge and average skill in the technical field concerned by the invention, but lacks imagination or particular inventive ability.
This legal fiction has given rise to a great deal of case law, particularly at the European Patent Office (EPO), and is essential in the context of patent examination, as it makes it possible to determine whether an invention goes beyond what would have been obvious to a person skilled in the art and, therefore, whether or not it deserves patent protection.
While the precise definition and interpretation of the skilled person in the art varies slightly between patent Offices, such as the EPO in Europe or the US Patent and Trademark Office (USPTO), the underlying principle remains the same when assessing patentable inventions.