What is the difference between official notice and judicial notice in patent law?
What is the difference between official notice and judicial notice in patent law? While both official notice and judicial notice involve recognizing certain facts without formal evidence, they are used in different contexts and have distinct characteristics: Official Notice: Used by patent examiners during the examination process Governed by USPTO guidelines and the MPEP Can…
Read MoreWhat happens if an applicant doesn’t traverse or inadequately traverses an official notice?
If an applicant either fails to traverse an examiner’s assertion of official notice or provides an inadequate traversal, the examiner should clearly indicate this in the next Office action. According to MPEP 2144.03: “If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate…
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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