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…

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…