![]() However, he is not presumed to have creativity. However, in China, the person skilled in the art refers to a fictional 'person' who is presumed to be aware of all the common technical knowledge and have access to all the technologies existing before the filing date or the priority date in the technical field to which the invention pertains, and have capacity to apply all the routine experimental means before that date. Assessment of whether the solution involves an inventive step must therefore be based on that specialist's knowledge and ability (see the 'European Guidelines for Examination', Part G, Chapter VII, section 3).įurther, although it is not explicitly specified in the European Guidelines for Examination whether the person skilled in the art should have creativity, in the European legal precedents, it is inclined to consider the person skilled in the art to have certain creativity. If the problem prompts the person skilled in the art to seek its solution in another technical field, the specialist in that field is the person qualified to solve the problem. “Assessment of whether the solution involves an inventive step must therefore be based on that specialist’s knowledge and ability.” In Europe, the 'person skilled in the art' is presumed to have had access to everything in the 'state of art', in particular the documents cited in the search report, and to have been in possession of the means and capacity for routine work and experimentation which are normal for the field of technology in question (see the 'European Guidelines for Examination', Part G, Chapter VII, section 3). Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ". "n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle". In the KSR case ( KSR International Co v Teleflex Inc et al), the Supreme Court of the US clearly stated: " person of ordinary skill is also a person of ordinary creativity, not an automaton". For example, in the US, the person skilled in the art is considered to have certain creativity. ![]() ![]() Definitions of the 'person skilled in the art' are different in patent practice for different countries and regions. ![]()
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