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    How Smart is a “Skilled Person in the Art”?

    April 11, 2022

    Let’s start with a riddle: can you name a person who has read every book, every journal, conducted every known experiment, and is knowledgeable about every single patent prosecution / litigation in the world? The answer? A “skilled person in the art.” This person is also known as a “person having ordinary skill in the art”, “a person of ordinary skill”, “person having ordinary skill in the art”, “PHOSITA”, “POS”, or simply, “a skilled person.” The skilled person in the art is a fictional legal entity, one who widely serves as a reference standard in patent laws around the world for evaluating inventiveness/obviousness. This skilled person also appears in patent…

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Popular Posts

  • SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit
  • China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
  • What Kind of Damage Awards Can You Get in China?
  • China Releases Draft Implementation Guidelines for the Drug Administration Law
  • How Smart is a “Skilled Person in the Art”?

Recent Posts

  • Jul 04, 2022 SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit
  • Jun 30, 2022 China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
  • Jun 16, 2022 What Kind of Damage Awards Can You Get in China?
  • Jun 02, 2022 China Releases Draft Implementation Guidelines for the Drug Administration Law
  • Apr 11, 2022 How Smart is a “Skilled Person in the Art”?
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  • Feb 11, 2022 China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty
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