How does the “person of ordinary skill in the art” concept affect claim interpretation?
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…
Read MoreWhat is the “person of ordinary skill in the art” in obviousness determinations?
The “person of ordinary skill in the art” is a hypothetical figure used in obviousness determinations under 35 U.S.C. 103. The MPEP explains: “To reach a proper determination under 35 U.S.C. 103, the examiner must step backward in time and into the shoes worn by the hypothetical ‘person of ordinary skill in the art’.” This…
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