Who is the PHOSITA?

The 'person having ordinary skill in the art' (PHOSITA) is regulated in the U.S. patent law, whose functions are to read the patent specification, evaluate the novelty, non-obviousness factor and so on. His role is so important; however, unfortunately there is no clear rule to define this person. Owing to his virtual nature, many controversies will be accompanied with this person when patent rights are in dispute. If we can find some clues to define him/her or to delineate a line for the scope of him/her, that may help us to reduce many issues in the patent practice. In this essay, part I is the historical clues of this person. Part II I will analyze some factors related to him/her based on current U.S. patent regulations. Part III will illustrate the information of the USPTO to recruit new patent examiners. Part IV is a comparative review to the regulations of other jurisdictions about this role in the court. In the final section, part V, I will propose a proper person to act as this virtual role based on the result of the above information and analyses.