Skilled Addressee in Patent

The skilled addressee, also referred to as the person skilled in the art or the hypothetical person of ordinary skill in the art, is a legal construct used in patent law to determine the level of knowledge and expertise that a patent application or patent specification should be understood by.

The skilled addressee is a hypothetical person who possesses the average or ordinary level of skill and knowledge in the specific field or technical area related to the invention. The skilled addressee is not an actual individual but represents the intended audience of the patent application or specification.

The determination of the skilled addressee is important because the patent application or specification should be written in a manner that can be understood by this person. The description, claims, and other parts of the patent should be clear and enable the skilled addressee to carry out the invention without undue experimentation.

The skilled addressee is typically determined based on factors such as the field of technology, the level of education and training, and the common understanding and knowledge within that particular field. The patent examiner or a court may assess the characteristics and capabilities of the skilled addressee based on expert opinions, evidence, and common practices in the relevant technical field.

The skilled addressee standard helps to ensure that the patent application or specification is tailored to the appropriate level of technical understanding. It helps strike a balance between providing a disclosure that is understandable to someone skilled in the field while also meeting the requirements for enablement, novelty, and non-obviousness.

In summary, the skilled addressee is a hypothetical person with an average level of skill and knowledge in the relevant technical field. The patent application or specification should be written in a manner that can be understood by this person to meet the requirements of patent law.