Person Having Ordinary Skill In The Art
TP for anybody who recognizes where that term is from
The phrase goes to the threshold requirement in the problem/solution test in IP Law as to whether or not inventions or inventive steps are patentable.
In Australian common law it originated in the United Kingdom via
In the Matter of I G Farbenindustrie AG's Patents (1930) 47 RPC 289 at 322 and was applied in Australia by Williams J in
HPM Industries P/L v Gerard Industries Ltd (1957) 98 CLR 424 at 437. The test was initially rejected by the High Court in
Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 at 292 but ultimately endorsed in
Aktiebolaget Hassle vs. Alphapharm Pty Ltd (2002) 212 CLR 411. At statute it's now found at section 7 of the amended
Patents Act 1990 (Cth).
My apologies but I'm uncertain as to its implementation through the US legal system, maybe something to do with the 1883 Paris Convention for the Protection of Industrial Property or WIPO's Patent Cooperation Treaty in 1970?