Legal Definitions - person with ordinary skill in the art

The term person with ordinary skill in the art (often abbreviated as POSITA in legal discussions) refers to a hypothetical individual in patent law. This individual is not a real person but a legal standard used to evaluate patent applications. They are presumed to possess the typical knowledge, skills, and experience common to practitioners working in the specific technical field of the invention at the time the invention was made.

This hypothetical person is competent and understands the existing technology and common practices in that field, but they are not an inventor or a genius. The level of 'ordinary skill' varies depending on the complexity and nature of the technology involved. Patent law uses this standard to determine two key things:

• Whether an invention is "obvious" (i.e., would it have been obvious to this person, given what was already known?).
• Whether the patent application "enables" the invention (i.e., is it clear and complete enough for this person to make and use the invention without undue experimentation?).

Examples:

• Software for a New Mobile App Feature:

  Scenario: A patent application describes a novel algorithm for integrating augmented reality filters seamlessly into a live video chat application.

  Person with Ordinary Skill in the Art: In this context, the "person with ordinary skill in the art" would be a competent software developer with practical experience in mobile app development, augmented reality frameworks (like ARKit or ARCore), real-time video processing, and network communication protocols. They would understand common programming languages, data structures, and user interface design principles relevant to mobile applications.

  Illustration: This hypothetical developer wouldn't necessarily be the one to invent the new algorithm, but they would be able to read the patent's description, understand its technical details, and implement the described technology based on the patent's instructions. They would also be able to assess whether the invention represents a truly novel step beyond what was already known or obvious to someone with their level of expertise in mobile AR development.

• A New Material for Electric Vehicle Batteries:

  Scenario: A patent application details a new chemical composition for a battery electrode that significantly increases the energy density and lifespan of electric vehicle batteries.

  Person with Ordinary Skill in the Art: Here, the "person with ordinary skill in the art" would be a materials scientist or chemical engineer specializing in electrochemistry and battery technology. They would possess a strong understanding of lithium-ion battery chemistry, electrode manufacturing processes, electrolyte properties, and standard methods for testing battery performance and degradation.

  Illustration: This hypothetical expert would be able to read the patent application and determine if the instructions provided are sufficient to synthesize the new material and incorporate it into a functional battery. They would also evaluate whether the invention represents a non-obvious advancement over existing battery technologies, given their standard knowledge and experience in the field.

• A Novel Surgical Tool for Spinal Procedures:

  Scenario: A patent application describes a new design for a minimally invasive surgical instrument that allows for more precise and less damaging spinal fusion procedures.

  Person with Ordinary Skill in the Art: In this case, the "person with ordinary skill in the art" would be a biomedical engineer or a spinal surgeon with significant experience in medical device design, surgical techniques, and the relevant anatomy and biomechanics of the spine. They would understand principles of instrument mechanics, biocompatibility, sterilization requirements, and the practical constraints of operating within the human body.

  Illustration: This individual would be able to comprehend the patent's technical drawings and descriptions, understand how to construct and safely use the device based on the patent's teachings, and evaluate if the new instrument offers a truly innovative solution that wouldn't be immediately apparent to someone with their standard professional background in spinal surgery or medical device engineering.