What are the requirements for taking official notice in patent examination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In patent examination, official notice can be taken under specific conditions. According to MPEP 2144.03:

“The examiner must provide specific factual findings predicated on sound technical and scientific reasoning to support the conclusion of common knowledge.”

This means that:

• The examiner must have a reasonable basis for taking official notice
• The facts asserted must be capable of instant and unquestionable demonstration as being well-known
• The examiner should present the applicant with the explicit basis for the official notice, if requested

Official notice should be used judiciously and only for facts that are widely known and not unique to the particular art.