PHOSITA

Definition

PHOSITA, an acronym for 'Person Having Ordinary Skill in the Art', is a critical concept in the context of patent law. It refers to the hypothetical individual who is considered to have the typical or average level of knowledge, skills, and experience in the specific field or art relevant to the invention being evaluated for patentability.

5 Must Know Facts For Your Next Test

1. The PHOSITA standard is used to assess the non-obviousness or inventive step of an invention, which is a crucial requirement for obtaining a patent.
2. The PHOSITA is a hypothetical person, not a real individual, and their level of knowledge is determined based on the specific field of the invention.
3. The PHOSITA is presumed to have access to all the relevant prior art in the field and to possess the typical technical skills and knowledge common in that art.
4. The assessment of non-obviousness from the PHOSITA's perspective involves considering whether the invention would have been obvious or readily apparent to this hypothetical person.
5. The PHOSITA standard helps maintain the balance between rewarding true inventions and preventing the patenting of trivial or obvious advancements.

Review Questions

• Explain the role of the PHOSITA concept in the context of the criteria for patenting.
  • The PHOSITA, or Person Having Ordinary Skill in the Art, is a central concept in the criteria for patenting. It is used to assess the non-obviousness or inventive step of an invention, which is a key requirement for obtaining a patent. The PHOSITA is a hypothetical person who is presumed to have the typical level of knowledge, skills, and experience in the relevant field of the invention. The invention must be non-obvious to this hypothetical PHOSITA based on the existing prior art in order to be considered patentable. This standard helps ensure that only truly innovative and non-trivial advancements are rewarded with patent protection.
• Describe how the PHOSITA standard is applied in evaluating the non-obviousness of an invention.
  • The assessment of non-obviousness from the PHOSITA's perspective involves considering whether the invention would have been obvious or readily apparent to this hypothetical person of ordinary skill in the art. This evaluation takes into account the PHOSITA's access to all the relevant prior art in the field, as well as their typical technical skills and knowledge. The invention must represent a sufficient 'step' or advancement beyond what the PHOSITA would have been able to derive or deduce from the existing prior art. This helps maintain the balance between rewarding true inventions and preventing the patenting of trivial or obvious advancements.
• Analyze how the PHOSITA standard contributes to the overall objectives of the patent system.
  • The PHOSITA standard is a crucial element in the patent system's efforts to balance the need to incentivize innovation with the public's interest in access to new technologies. By requiring that an invention be non-obvious to a person of ordinary skill in the art, the PHOSITA standard helps ensure that only truly innovative and significant advancements are granted patent protection. This promotes the progress of science and the useful arts by rewarding inventors who make meaningful contributions, while preventing the patenting of trivial or obvious developments that would hinder the free flow of information and technological progress. The PHOSITA standard, therefore, plays a vital role in maintaining the delicate equilibrium at the heart of the patent system's objectives.

Related terms

Prior Art:

The existing knowledge and technology in a particular field that is relevant to assessing the novelty and non-obviousness of an invention.

Obviousness:

One of the key criteria for patentability, which requires that the invention be non-obvious to a PHOSITA based on the prior art.

Inventive Step: The requirement that an invention must involve a sufficient 'step' or advancement beyond the existing prior art to be considered patentable.