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:
“Our medieval historians who prefer to rely as much as possible on official documents because the chronicles are unreliable, fall thereby into an occasionally dangerous error. The documents tell us little about the difference in tone which separates us from those times; they let us forget the fervent pathos of medieval life.”
—Johan Huizinga (1872–1945)
“The life of our city is rich in poetic and marvelous subjects. We are enveloped and steeped as though in an atmosphere of the marvelous; but we do not notice it.”
—Charles Baudelaire (1821–1867)