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 reasonable basis for taking official notice
- The facts asserted must be capable of instant and unquestionable demonstration as being well-known
- The examiner should present the applicant with the explicit basis for the official notice, if requested
Official notice should be used judiciously and only for facts that are widely known and not unique to the particular art.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2144.03 - Reliance On Common Knowledge In The Art Or "Well Known" Prior Art,
Patent Law,
Patent Procedure