IP Intelligence › In Simple Words › Person skilled in the art
In simple words
Person skilled in the art
Also called: PSITA, The skilled person, The notional addressee
Obviousness is not judged by you, by the examiner, or by a judge. It is judged by an imaginary person who is very good at their job and completely unimaginative.
- In simple words
- A legal fiction: a competent practitioner in the relevant field who knows the common general knowledge and all the prior art, but has no inventive capacity of their own.
- Think of it as
- An excellent engineer who never has a new idea.
- Why it matters
- Every inventive-step argument is really an argument about this person: what they knew, what they would have been trying to do, and whether they would have combined two documents without hindsight.
- A simple example
- If the field is automotive braking, the skilled person may be a team - a mechanical engineer, a controls engineer and a materials specialist - not one individual.
- Common mistake
- Arguing that the invention was hard for you. The test is what this notional person would have found obvious, not what you personally found difficult.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.