Re: [Patents] "person skilled in the art"

[Erik Josefsson <ehj@cleosan.com>]

Hartmut Pilch wrote:
> > 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 understand. That means you challange the fiction ;-)

I found that EPO can consider a team of programmers "a person skilled in 
the art":

   "For the software implementation of an information system, normally
   a software project team is responsible, typically consisting of
   programmers. The Board thus considers appropriate to define, in the
   present case, the relevant "person skilled in the art" within the
   meaning of Article 56 EPC as such a software project team."

   http://legal.european-patent-office.org/dg3/pdf/t030172eu1.pdf

> 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).

Indeed.

//Erik