PHOSITA
Law & Legal abbreviation · Intellectual Property
| Stands for | Person having ordinary skill in the art |
|---|---|
| Categories | Law & Legal |
PHOSITA stands for Person having ordinary skill in the art, an intellectual property abbreviation.
Hypothetical person used in patent law to judge obviousness and the adequacy of a patent's disclosure: someone with ordinary knowledge and skill in the relevant technical field at the time of the invention. Experts often testify about this person's education and experience.
Example: A PHOSITA in 2015 would have had a degree in electrical engineering and two years of design experience.
Usage notes
Also written POSITA. The concept comes from 35 U.S.C. § 103, which bars patents on inventions that would have been obvious to such a person. KSR v. Teleflex (2007) described the PHOSITA as a person of ordinary creativity, not an automaton. Defining the level of skill can decide a case.
Related abbreviations
More intellectual property abbreviations
- MPEP – Manual of Patent Examining Procedure
- NPE – Non-practicing entity
- OA – Office action
- ODP – Obviousness-type double patenting
- PCT – Patent Cooperation Treaty
- PGR – Post-grant review
- PPA – Provisional patent application
- PPH – Patent Prosecution Highway
- PRO – Performing rights organization
- PTA – Patent term adjustment
- PTE – Patent term extension
- RCE – Request for continued examination
See all 50 intellectual property abbreviations →
This entry is for general education and is not legal advice. Abbreviation use varies between institutions; always confirm in context.