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:
“We were that generation called “silent,” but we were silent neither, as some thought, because we shared the period’s official optimism nor, as others thought, because we feared its official repression. We were silent because the exhilaration of social action seemed to many of us just one more way of escaping the personal, of masking for a while that dread of the meaningless which was man’s fate.”
—Joan Didion (b. 1935)
“Time, as is well known, sometimes flies like a bird and sometimes crawls like a worm, but human beings are generally particularly happy when they don’t notice whether it’s passing quickly or slowly.”
—Ivan Sergeevich Turgenev (1818–1883)