Dear Jed,,

PHOSIA is a slogan-acronym with one poisoned letter "O"
ordinary skill has to be defined for each case.
The difference between patent and know how is greater for processes than
for products.
I give you an example:
- a patent gives a recipe with ingredients in some limits, sometimes large
but actually optimum or even usable narrow limits exist;- climited
combinations,
- the patent has to give all the steps but does not give necessarily the
real order and that can be critical;

and there are some features difficult to define- please imagine a patent
for a well working FP Cell in the hands of a good PHOSITA To not use
a remote example.

Peter

On Wed, May 18, 2016 at 8:48 PM, Jed Rothwell <[email protected]> wrote:

> Peter Gluck <[email protected]> wrote:
>
> Are you aware about the differences between a patent and know-how?
>> Plus know-what, know-why and know-how- not?
>>
>
> Yes. I understand this difference. A PHOSITA has the know-how. If the
> patent does not disclose enough information for a PHOSITA to replicate --
> from the patent alone, without any inside information from Rossi -- then
> the patent is invalid. That would mean Rossi has no intellectual property
> and anyone can use his technology without paying him.
>
>
>
>> Do you have some industrial experience with this- even a minimum - IT
>> included where you are at home?
>>
>
> I do not, but a PHOSITA does, by definition.
>
>
>
>> Every industry and problem is very specific and the essentials cannot be
>> transferred from one to another.
>>
>
> If no one in the world has the appropriate background to do this, then
> there is no PHOSITA at present, so the patent will have to disclose a great
> deal more information than patents normally do. A patent *must be
> enabling,* or it is invalid.
>
> - Jed
>
>


-- 
Dr. Peter Gluck
Cluj, Romania
http://egooutpeters.blogspot.com

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