Intellectual Property and Assessing its Financial Value

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Intellectual Property and Assessing Its Financial Value

The level of “ordinary skill in the art” required of a hypothetical

person is more than that of an ordinary person but less than that of

a very creative expert in the field of the invention. Determining the

level of skill in the art is a subtle matter that is often open to debate.

Factors often considered in such a determination can include the level of

sophistication in the technology, the education of an ordinary person in

the field, and prior art attempts to solve related problems.

Courts may often refer to objective evidence of obviousness or

non-obviousness as “secondary considerations”. ...