https://lawrecord.com The First Digital Law Journal Sun May 17 15:19:19 2026 / +0000 GMT Universal Post Manager 1.1.2 [ www.ProfProjects.com ] http://lawrecord.com/?p=334 Sun May 17 15:19:19 2026 / +0000 GMT http://lawrecord.com/?p=334 38 Rutgers L. Rec. 18 (2011) | WestLaw | LexisNexis | PDF The Person Having Ordinary Skill in the Arts (PHOSITA) is a critical standard in determining whether an invention satisfies the “obviousness” and “inventive step” requirements of the U.S. and Taiwan respectively. The concept of the PHOSITA first originated from the 1850 Supreme Court ruling in Hotchkiss v. Greenwood and later was codified into the U.S. Patent Act of 1952. Often a recipient of U.S. patent jurisprudence, Taiwan has incorporated the PHOSITA concept in its 1979 Patent Act amendment. However, in practice, the application of the PHOSITA has been largely ignored in both the U.S. and Taiwan. Not only was the PHOSITA concept largely ignored in Taiwan, in practice the satisfaction of the “inventive step” requirement could be obtained simply on a showing of “unexpected efficacy.” In this regard, Taiwan has relied on the Taiwan Intellectual Property Office (TIPO) Invention Patent Examination Guideline (2009) to support the abdication of the “inventive step” requirement. View the entire article -->]]> 334 2011-02-01 13:10:24 2011-02-01 20:10:24