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:
“But, in history, practical usefulness never determines the moral value of an achievement. Only the person who increases the knowledge humanity has about itself and enhances its creative consciousness permanently enriches humanity.”
—Stefan Zweig (18811942)
“In correct theology, the Virgin ought not to be represented in bed, for she could not suffer like ordinary women, but her palace at Chartres is not much troubled by theology, and to her, as empress-mother, the pain of child-birth was a pleasure which she wanted her people to share.”
—Henry Brooks Adams (1838–1918)
“The cowboy ... is well on his way to becoming a figure of magnificent proportions. Bowlegged and gaunt, he stands as the apotheosis of manly perfection. Songs, novels, movies, magazines, and operettas have made the least inquiring of us well acquainted with his extraordinary courage, unfailing gallantry, and uncanny skill with gun or lariat. The farmer, meanwhile, sits stolidly on his tractor, bereft of romance and adventure.”
—For the State of Kansas, U.S. public relief program (1935-1943)
“Just as all thought, and primarily that of non-signification, signifies something, so there is no art that has no signification.”
—Albert Camus (1913–1960)