Official Notice
During the prosecution phase of U.S. patent applications, a similar concept to judicial notices are applied by patent examiners, but the process is referred to as taking "official notice". In a typical patent claim rejection, the examiner has to present prima facie evidence (usually as a published document) that the subject matter of a rejected claim was known prior to the application for patent by the inventor. However, when the limitation of the claim is so trivial or well known in the prior art, examiners can take official notice to that fact. Patent applicants are then allowed to traverse the official notice given by an examiner, in which case the examiner must present an evidentiary document to prove the fact or limitation is well known.
Read more about this topic: Judicial Notice
Famous quotes containing the words official and/or notice:
“I know one husband and wife who, whatever the official reasons given to the court for the break up of their marriage, were really divorced because the husband believed that nobody ought to read while he was talking and the wife that nobody ought to talk while she was reading.”
—Vera Brittain (1893–1970)
“If we notice a few errors in the work of a proven master, we may and even will often be correct; if we believe, however, that he is completely and utterly mistaken, we are in danger of missing his entire concept.”
—Franz Grillparzer (1791–1872)