What is the difference between official notice and personal knowledge in patent examination?
What is the difference between official notice and personal knowledge in patent examination?
In patent examination, there’s an important distinction between official notice and personal knowledge. According to MPEP 2144.03:
“Official notice without documentary evidence to support an examiner’s conclusion is permissible only in some circumstances.”
This contrasts with personal knowledge, which is not explicitly defined in the MPEP but is generally understood as follows:
- Official Notice:
- Based on common knowledge in the art or well-known prior art
- Must be capable of instant and unquestionable demonstration as being well-known
- Can be challenged by the applicant
- Personal Knowledge:
- Based on the examiner’s own expertise or experience
- May not be widely known or easily verifiable
- Should be supported by an affidavit if challenged
Examiners should be cautious about relying on personal knowledge and should instead strive to provide documentary evidence or take proper official notice when making rejections.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2144.03 - Reliance On Common Knowledge In The Art Or "Well Known" Prior Art,
Patent Law,
Patent Procedure