11.2.2 Person of Ordinary Skill is a legal term used to refer to a hypothetical person with an ordinary level of knowledge, experience, and skill in a particular area of technology. This person is used as a benchmark when determining whether something is obvious or non-obvious in a patent claim. Specifically, this person is used to help decide if a particular invention was obvious in light of the state of the art at the time of the invention. There are two types of 11.2.2 Person of Ordinary Skill: a person with ordinary skill in the art (PSA) and a person of ordinary skill in the field of the invention (POF). The PSA is an expert in the general field of the invention, while the POF is an expert in the specific field of the invention.
11.2.2 Person of Ordinary Skill
State:
Multi-State
Control #:
US-JURY-7THCIR-11-2-2
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Word
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Description
Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
You should challenge any conclusion of obviousness that does not explain how the problem was known in the field or how the prior art or other relevant evidence suggested the solution. Be aware that even if the prior art clearly recognized the problem, it may not have suggested the solution.
Factors In Determining Level Of Ordinary Skill In The Art: include (1) educational level and any specialties of the applicants; (2) type of problems encountered in the art; (3) prior art solutions to those problems; (4) rapidity with which innovations are made; (5) sophistication of the technology; (6) educational
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set
In determining the appropriate level of ordinary skill, a fact finder may consider: The inventor's educational background and experience. Types of problems encountered in the art. Prior art solutions to those problems. Rapidity with which innovations are made in the art. Sophistication of the technology.
Factors that may be considered in determining the level of ordinary skill in the art may include: (1) ?type of problems encountered in the art;? (2) ?prior art solutions to those problems;? (3) ?rapidity with which innovations are made;? (4) ?sophistication of the technology; and? (5) ?educational level of active
In practice, the person "ordinarily skilled in the art" refers to a hypothetical person who has "general knowledge" and "ordinary skill" in the art of the claimed invention at the time of filing.
A person having ordinary skill in the art is a legal fiction first codified in the Patent Act of 1952. The PHOSITA is a test of "obviousness" which is one of the largest gray areas in patent law.
In patent law, a hypothetical person having the relevant level of ordinary skill in the art. A POSITA may also be: A person of ordinary creativity, not an automaton (KSR Int'l Co. v.