A person having ordinary skill in the art is a legal fiction defined in the Patent Act of the United States. The PHOSITA is a test of "obviousness" which is one of the largest gray areas in patent law.
- A patent may not be obtained though the invention ... if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
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Famous quotes containing the words the art, person, ordinary, skill and/or art:
“The difference between Pound and Whitman is not between the democrat who in deep distress could look hopefully toward the future and the fascist madly in love with the past. It is that between the woodsman and the woodcarver. It is that between the mystic harking back to his vision and the artist whose first allegiance is to his craft, and so to the reality it presents.”
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To play the second fiddle well.”
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“Art thou not, fatal vision, sensible
To feeling as to sight? Or art thou but
A dagger of the mind, a false creation
Proceeding from the heat-oppressed brain?”
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