試題詳解

4 The person with ordinary skill in the art (PHOSITA) is a legal fiction in patent law, who is presumed to be a skilled practitioner in the relevant field of technology and to have had access to everything in the prior art. Which of the following is not within the functions of PHOSITA affirmed by patent law?
(A) claim construction
(B) damages calculation
(C) determination of inventive step
(D) determination of enablement