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 person, ordinary, skill and/or art:
“I should say tact was worth much more than wealth as a road to leadership.... I mean that subtle apprehension which teaches a person how to do and say the right thing at the right time. It coexists with very ordinary qualities, and yet many great geniuses are without it. Of all human qualities I consider it the most convenient—not always the highest; yet I would rather have it than many more shining qualities.”
—M. E. W. Sherwood (1826–1903)
“The ordinary night was graced
For them by the swift tide of blood
That silently they took at flood,
And for a little time they prized
Themselves emparadised.”
—Howard Nemerov (b. 1920)
“He utters substantial English thoughts in plainest English dialects.... Indeed, for fluency and skill in the use of the English tongue, he is a master unrivaled. His felicity and power of expression surpass even his special merits as historian and critic.”
—Henry David Thoreau (1817–1862)
“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?”
—William Shakespeare (1564–1616)