Legal Definitions - ordinary skill in the art

Definition:Ordinary skill in the art refers to the level of technical knowledge, experience, and expertise possessed by a typical engineer, scientist, designer, or other skilled person in a particular field of technology that is relevant to an invention.

Examples: For example, if someone invents a new type of computer chip, the level of ordinary skill in the art would be the knowledge and expertise possessed by other computer chip designers and engineers in the same field. This would include their understanding of the materials, processes, and techniques commonly used in the design and manufacture of computer chips.

Another example would be if someone invents a new type of medical device, the level of ordinary skill in the art would be the knowledge and expertise possessed by other medical device designers, engineers, and healthcare professionals in the same field. This would include their understanding of the anatomy and physiology of the human body, as well as the materials, processes, and techniques commonly used in the design and manufacture of medical devices.

These examples illustrate how the level of ordinary skill in the art is determined by the knowledge and expertise possessed by other skilled persons in the same field of technology. This level of skill is important in determining whether an invention is novel and non-obvious, and therefore eligible for patent protection.