PHOSITA

One of the complaints we've had about the patent system and current patent law is that the law clearly says that patents should only be granted on things that are new and non-obvious to a person having ordinary skill in the art (the so-called PHOSITA).

Techdirt 2009

One of the complaints we've had about the patent system and current patent law is that the law clearly says that patents should only be granted on things that are new and non-obvious to a person having ordinary skill in the art (the so-called PHOSITA).

Techdirt 2009

One of the complaints we've had about the patent system and current patent law is that the law clearly says that patents should only be granted on things that are new and non-obvious to a person having ordinary skill in the art (the so-called PHOSITA).

Techdirt 2009

One of the complaints we've had about the patent system and current patent law is that the law clearly says that patents should only be granted on things that are new and non-obvious to a person having ordinary skill in the art (the so-called PHOSITA).

Techdirt 2009

One of the complaints we've had about the patent system and current patent law is that the law clearly says that patents should only be granted on things that are new and non-obvious to a person having ordinary skill in the art (the so-called PHOSITA).

Techdirt 2009

England as a comparator: there, the criteria are similar; they use PHOSITA; they have similar discovery; claim construction is a matter for the judge; claim construction is typically outcome determinative.

Archive 2009-03-01 Rebecca Tushnet 2009

So, what has complexity theory have to say about the tension between strong ‘closed’ IPR rights on the one hand and more ‘open’ systems of innovation that depend on the inherent creativity and inventiveness of persons skilled in the art PHOSITA in an increasingly global product development context?

Complexity, IPR Rights and Innovation Ecologies 2008

So, what has complexity theory have to say about the tension between strong ‘closed’ IPR rights on the one hand and more ‘open’ systems of innovation that depend on the inherent creativity and inventiveness of persons skilled in the art PHOSITA in an increasingly global product development context?

Archive 2008-03-01 2008

It overturns 50 years of case law development and asks us to begin anew in defining PHOSITA as a person rather than an automaton and as one who has ordinary creativity and "common sense".

KSR Invades Preliminary Injunctions at the CAFC Peter Zura 2008

The reason the concept of PHOSITA is introduced is to assess the inventivity of the technical contribution, which is rendered moot when PHOSITA is elevated to the level of the inventors.

Erroneous "Skill in the Art" Triggers Obviousness Peter Zura 2007