expert standard to replace PHOSITA in the interests of raising the obviousness standard
and improving the functioning of the system would be a "person having recognized
skill in the art." This could be interpreted in a more objective manner by linking
recognition to a record of validation by peers. E.g., an expert with five peer-reviewed
publications might be presumed to have "recognized skill." Under this standard,
awarded patents, too, could eventually be considered recognition of skill and so could
count toward this standard.
This is suggested particularly for technologies where patents are not read (or, would not be read if the other inhibitions such as willful infringement were fixed), but it would also provide a more objective standard than PHOSITA for all technologies. Furthermore, it would create a sense of stewardship for the patent system among the leaders in the field, which is not possible with the "ordinary skill" standard.