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.
Naina & Jasmeet Gulati, Knowledge/Skill Standards of a "Person Skilled in Art": A Concern Less Visited, 17 Marshall Rev. Intell. Prop. L. 588 (2018)