What 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 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…
Read MoreCan examiners take official notice for legal conclusions in patent examination?
Can examiners take official notice for legal conclusions in patent examination? No, examiners cannot take official notice for legal conclusions in patent examination. The MPEP 2144.03 clearly states: “It would not be appropriate for the examiner to take official notice of facts without citing a prior art reference where the facts asserted to be well…
Read MoreWhat happens if an applicant doesn’t challenge the examiner’s use of official notice?
What happens if an applicant doesn’t challenge the examiner’s use of official notice? If an applicant does not challenge or traverse the examiner’s use of official notice, there are important consequences. According to MPEP 2144.03(C): “If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should…
Read MoreHow can an applicant challenge an examiner’s use of official notice?
How can an applicant challenge an examiner’s use of official notice? An applicant can challenge an examiner’s use of official notice by following these steps: Traverse the official notice: The applicant should specifically traverse the use of official notice in their response to the Office action. Request evidence: As stated in MPEP 2144.03(C): “To adequately…
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