person with ordinary skill in the art. Patents. A fictional construct of the patent laws, denoting someone who has reasonably developed abilities in the field of the invention at issue. • The patent application must be clear and complete enough to teach a person skilled in the art how to make and use the invention […]
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Patents. A fictional construct of the patent laws, denoting someone who has reasonably developed abilities in the field of the invention at issue. • The patent application must be clear and complete enough to teach a person skilled in the art how to make and use the invention without undue experimentation. [Cases: Patents 16(3).]
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Patents. Knowledge that is publicly known, used by others, or available on the date of invention to a person of ordinary skill in an art, including what would be obvious from that knowledge. • Prior art includes (1) information in applications for previously patented inventions; (2) information that was published more than one year before
skill. Special ability and proficiency; esp., the practical and familiar knowledge of the principles and processes of an art, science, or trade, combined with the ability to apply them appropriately, with readiness and dexterity. • Skill is generally considered more than mere competence. It is a special competence that is not a part of the
artisan. 1. An artist; esp., a skilled crafter. 2. Patents. A person of ordinary skill in an art, for purposes of deter-mining whether a patent application meets the enablement requirement of 35 USCA § 112. • In patent-law terms, the disclosure in the application must teach the artisan how to practice the invention. — Also
enablement. Patents. The disclosure in a patent application; specif., the description of the subject matter clear and complete enough to teach a person with ordinary skill in the art how to make and use the invention. • If the artisan would still be unable to work the invention without undue experimentation after reading the description
enablement requirement. Patents. The rule that the specification of a patent application must describe the invention so that a person with ordinary skill in the art could make and use the invention without undue experimentation. • A specification that meets this requirement is referred to as enabling. Cf. ENABLING SOURCE. [Cases: Patents 99. C.J.S. Patents
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obviousness, n. Patents. The quality or state of being easily apparent to a person with ordinary skill in a given art, considering the scope and content of the prior art, so that the person could reasonably believe that, at the time it was conceived, the invention was to be expected. • An invention that is
teach, vb. Patents. 1. (Of a patent specification) to instruct (a person of ordinary skill in the art how to make and use an invention). [Cases: Patents 99. C.J.S. Patents § 139.] 2. (Of a prior-art reference) to anticipate (the invention’s being examined) by discussing, describing, or analyzing the invention’s essential elements or technology. •
inherency doctrine. Patents. The rule that anticipation can be inferred despite a missing element in a prior-art reference if the missing element is either necessarily present in or a natural result of the product or process and a person of ordinary skill in the art would know it. • On one hand, the doctrine precludes
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