How does the “person of ordinary skill in the art” concept affect claim interpretation?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The concept of a “person of ordinary skill in the art” (POSITA) is crucial in patent claim interpretation. According to MPEP 2111, claim interpretation should be based on how a POSITA would understand the claim terms. The MPEP states:

“The focus of the inquiry regarding the meaning of a claim should be what would be reasonable from the perspective of one of ordinary skill in the art.”

Key points about the POSITA concept in claim interpretation:

• It provides a standard for understanding technical terms and concepts.
• It helps determine whether a claim interpretation is reasonable within the context of the invention.
• It influences how broadly or narrowly claim terms should be construed.
• It ensures that claims are interpreted in light of the relevant technical field’s understanding.

By considering the perspective of a POSITA, examiners can ensure that claim interpretations are grounded in the relevant technical context and avoid unreasonable or overly broad interpretations that wouldn’t align with how skilled artisans would understand the invention.