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by chii 4713 days ago
imho, i say that the claims of the patent has to first be examined by a person skilled in the arts, without first reading the actual patent. If the person skilled in the arts is able to discern the inner workings of the patent _without_ having read the patent itself, then the patent can be deemed obvious and thus cannot be valid.
1 comments

Uh what? So you're saying that if a PSA can understand the definition, it's not inventive? That's ridiculous. And you can bet that many patents are indeed examined without a reading of the description, it's often not necessary. The claims are supposed to stand on their own, and only when comes to matters of determining the exact scope of a term in a claim would you refer to the description most of the time. Also the description should give enough information about a topic that someone who's not an expert in the art (and this is distinct from someone who is skilled in the art) can fully understand the invention, but but apart from the clarifications I mentioned earlier, it plays little role.