What types of facts can be supported by official notice in patent examination?
What types of facts can be supported by official notice in patent examination?
Official notice in patent examination is generally limited to certain types of facts. According to MPEP 2144.03, the following types of facts can typically be supported by official notice:
- Basic knowledge within the art: Facts that are common knowledge in the art and readily verifiable.
- Well-known technical facts: Information that is widely recognized in the field.
- State of the prior art: Generally known conditions in the prior art that are not specific to a particular reference.
- Common practices in the industry: Routine procedures or practices that are widely accepted in the relevant industry.
The MPEP provides guidance on appropriate use of official notice:
“Official notice without documentary evidence to support an examiner’s conclusion is permissible only in some circumstances. While ‘official notice’ may be relied on, these circumstances should be rare when an application is under final rejection or action under 37 CFR 1.113.”
It’s important to note that official notice should not be used for complex technical facts or as the sole basis for a rejection. Examiners should be prepared to provide documentary evidence if challenged by the applicant.
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