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Q62. Definition of Person Skilled in the Art

Q62. Definition of Person Skilled in the Art
Explain about a person skilled in the art.

A62. The current Examination Guidelines defines a person skilled in the art as follows.
In determining non-obviousness of the invention, the Examination Guidelines, Part II, Section 2.2(2) prescribes that a person skilled in the art is a hypothetical person who has a common general knowledge in the art at the time of filing the application and ability to use ordinary technical means for research and development, can exercise ordinary creative ability in selecting materials and changing designs, is capable of comprehending all technical matters in the state of the art at the time of filing the application, and is capable of comprehending all technical matters in the field of technology relevant to the problem to be solved by the invention. Thus, Examiner is not considered to be a person of ordinary skill in the art, but Examiner is supposed to carry out the examination taking the knowledge of such hypothetical person into consideration.