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Legal Definitions - person with ordinary skill in the art

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Definition of person with ordinary skill in the art

A person with ordinary skill in the art is a fictional construct used in patent laws. It refers to someone who has reasonable abilities in the field of the invention being discussed.

For a patent application to be successful, it must be clear and complete enough to teach a person skilled in the art how to make and use the invention without undue experimentation.

The skill or knowledge of a person skilled in the art will vary depending on the complexity of the invention. It does not necessarily mean a person of high scientific attainments, but rather someone with fair information in that particular field.

For example, if the invention is related to computer programming, a person skilled in the art would be someone with reasonable knowledge and experience in computer programming. They would be able to understand the patent application and use it to create the invention without undue experimentation.

Another example would be if the invention is related to chemical engineering. A person skilled in the art would be someone with reasonable knowledge and experience in chemical engineering. They would be able to understand the patent application and use it to create the invention without undue experimentation.

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Simple Definition

A person with ordinary skill in the art is someone who has enough knowledge and experience in a particular field to understand how to make and use an invention without too much difficulty. This person doesn't have to be a genius, but they should have a good understanding of the subject. When someone applies for a patent, they need to explain their invention in a way that a person with ordinary skill in the art can understand and use it.

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