Judicial Notice - Official Notice

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:

    There are few ironclad rules of diplomacy but to one there is no exception. When an official reports that talks were useful, it can safely be concluded that nothing was accomplished.
    John Kenneth Galbraith (b. 1908)

    I am parshial to ladies if they are nice[.] I suppose it is my nature. I am not quite a gentleman but you would hardly notice it.
    Daisy Ashford (1881–1972)