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 MoreHow is the level of ordinary skill in the art determined for obviousness analysis?
Determining the level of ordinary skill in the art is crucial for obviousness analysis. The MPEP provides guidance on factors that may be considered: Type of problems encountered in the art Prior art solutions to those problems Rapidity with which innovations are made Sophistication of the technology Educational level of active workers in the field…
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