3. Who is the craftsman?
The condition of inventive step involves a reference standard, the person skilled in the art; it is in his eyes that the obviousness of the invention is assessed. This is a fictional character who embodies an average level of skill. He is a normally competent man of the art, i.e. a qualified specialist in the field under consideration, but of average quality. It can also be defined as a team of several professionals from the same specialty (
TGI Paris 05/12/2014, RG n° 12/13507
) or from different specialties (
CA Paris 12/01/2016, RG n° 13/13050
).
The person...
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Who is the craftsman?