Understanding the PHOSITA Standard: The Hypothetical Expert at the Center of Patent Law
In patent law, few concepts exert as much influence, or receive as little general recognition, as the PHOSITA, the “Person Having Ordinary Skill in the Art.” This fictional individual sits quietly at the center of the U.S. patent system, shaping critical determinations that decide whether an invention deserves patent protection, whether a patent is valid, […]
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