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| Authored by: Anonymous on Thursday, February 28 2013 @ 03:14 PM EST |
IPKat (who
show great respect to Sir
Robin's IP prowess) contains an entertaining link
to one of Sir Robin's judgements
(follow the red
arrow hypertext Context links!)
The skilled
man
The "man skilled in the art" is invoked at many critical
points of
patent law. The claims of a patent must be
understood as if read by that
notional man – in the
hackneyed but convenient phrase the "court must don the
mantle of the skilled man." Likewise many questions of
validity (obviousness,
and sufficiency for instance) depend
upon trying to view matters as he would
see them. He indeed
has statutory recognition – Arts. 56, 83 and 100 of the EPC
expressly refer to "the person skilled in the art."
It is settled that this
man, if real, would be very
boring – a nerd . He goes
on:
The man can, in appropriate cases, be a team –
an assembly of
nerds of different basic skills, all
unimaginative. But the skilled man is not
a complete
android, for it is also settled that he will share the
common
prejudices or conservatism which prevail in the art
concerned.
Yes, Sir Robin was one of the High Court Appeal
Judges
that ended up bringing Apple to book about their
failure to comply with the
'publicity order' with in-court
commentary:
The IPKat: Beloff baked,
Apple roasted, Britons unscrewed (actual
judgement here)
The
Appeals panel had dismissed the Apple Appeal
(worth
reading to see how the UK deals with 'Registered Community
Design'
which corresponds with/replaces US Design Patents.
The original
judgement by High Court, Judge Birss. had
the original, famour "cool"
quote.[ Reply to This | Parent | # ]
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