What is the difference between official notice and judicial notice in patent law?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 be challenged by the applicant
  • Limited to well-known facts in the relevant art
• Judicial Notice:
  • Used by courts in legal proceedings, including patent litigation
  • Governed by the Federal Rules of Evidence (Rule 201)
  • Can be challenged by parties in the litigation
  • Covers a broader range of facts that are not subject to reasonable dispute

The MPEP 2144.03 discusses official notice in patent examination, stating:

“Official notice without documentary evidence to support an examiner’s conclusion is permissible only in some circumstances.”

In contrast, judicial notice is a legal concept that allows courts to recognize certain facts as true without requiring formal proof. While both concepts involve accepting facts without direct evidence, official notice is specific to the patent examination process, whereas judicial notice is a broader legal principle used in court proceedings.