from Wiktionary, Creative Commons Attribution/Share-Alike License

  • n. A person with average vocational or (more likely) professional knowledge in the field of a particular patent or invention.


from Wiktionary, Creative Commons Attribution/Share-Alike License

Acronym of person having ordinary skill in the art.


  • 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).


  • 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

  • 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

  • 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

  • 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

  • Scenario #5: Make TSM test a “question of law” now “factual” requiring specific citations to prior art or doctrines in knowledge of PHOSITA

    KSR v. Teleflex Recap: Judge Rader Lists Potential Outcomes

  • Bizarre indeed to equate PHOSITA with the inventors.

    Erroneous "Skill in the Art" Triggers Obviousness

  • By construction, PHOSITA is not capable of making a non-obvious contribution, while by definition otherwise a case is not neccerary the applicants are thus capable.

    Erroneous "Skill in the Art" Triggers Obviousness

  • In almost all non-obvious opinions, the Federal Circuit explicitly identifies the nature of the problem and knowledge of a PHOSITA as potential sources for finding a suggestion to combine references.

    Archive 2006-11-01

  • A decision-maker can depend on these criteria, therefore, to identify motivations for combination that no PHOSITA has bothered to record or document, either because the combination seems basic, because technological advance is occurring rapidly, or for some other reason.

    Archive 2006-11-01


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