When can an examiner take official notice without documentary evidence?
An examiner can take official notice without documentary evidence in certain circumstances where the facts are considered well-known or common knowledge in the art. According to MPEP 2144.03, this is permissible when the facts are “capable of instant and unquestionable demonstration as being well-known.” The MPEP states: “Official notice without documentary evidence to support an…
Read MoreWhat are the requirements for taking official notice in patent examination?
What are the requirements for taking official notice in patent examination? 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…
Read MoreWhat 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…
Read MoreCan an examiner rely solely on common knowledge for a rejection?
No, an examiner cannot rely solely on common knowledge as the principal evidence for a rejection without supporting evidence in the record. The MPEP 2144.03 is clear on this point: “It is never appropriate to rely solely on ‘common knowledge’ in the art without evidentiary support in the record, as the principal evidence upon which…
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