Knowledge/skill standards of a "person skilled in art": A concern less visited

Khanna, Naina and Gulati, Jasmeet (2018) Knowledge/skill standards of a "person skilled in art": A concern less visited. The John Marshall Review of Intellectual Property Law, 17 (4). pp. 588-607. ISSN 1930-8140

[thumbnail of Gulati 2018.pdf]
Gulati 2018.pdf - Published Version

Download (470kB) | Preview


The law is differential across jurisdictions when it comes to the skill standard required for the PSITA/PHOSITA in Patent Law. This article will analyze the various levels of skill addressed throughout European, Indian, and U.S. Patent Law. Whether the level of skill be ‘ordinary’, ‘extraordinary’ or otherwise, discrepencies exist throughout the court systems, manuals of examination and the like. Much hinges on the determination of patentability when the expertise or level of skill of the PSITA/PHOSITA is often vague and indeterminative. It is submitted that since the advancement in technology is taking place at a very rapid scale and every minute a new step towards innovation is taken, the need to keep patentability standards strict is high. The analysis of this article shows that the use of the word ‘ordinarily’ while defining PSITA/PHOSITA may lead to differential patenting standards across jurisdictions.

Item Type: Article
Keywords: PSITA/PHOSITA | Patent Law | U.S. Patent Law
Subjects: Social Sciences and humanities > Arts and Humanities > Arts and Humanities (General)
Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 24 Apr 2022 13:53
Last Modified: 24 Apr 2022 13:53
Official URL:


Downloads per month over past year

Actions (login required)

View Item
View Item