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- From: Hartmut Pilch <phm@a2e.de>
- To: Erik Josefsson <ehj@cleosan.com>
- Cc: patents@aful.org
- Subject: Re: [Patents] "person skilled in the art"
- Date: Wed, 4 Aug 2004 22:13:33 +0200 (CEST)
> I ran into some texts about the "person skilled in the art",
> "fackmannen" in swedish.
>
> Can you challange in court that the examination was not done by a
> "person skilled in the art"?
>
> Is the examiner at the patent office a "person skilled in the art" by
> definition?
The "person skilled in the art" is a fiction used for examining
non-obviousness. It is an uncreative person who knows all the prior art.
I don't think you can use the term for much apart from examining
non-obviousness and pretending to be making strict patent laws (by playing
with the double meaning: one in ordinary talk and the other in the patent
system).
- Re: [Patents] "person skilled in the art", (continued)
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