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:
“Well, on the official record you’re my son. But on this post you’re just another trooper. You heard me tell the recruits what I need from them. Twice that I will expect from you.... You’ve chosen my way of life. I hope you have the guts enough to endure it. But put outa your mind any romantic ideas that it’s a way to glory. It’s a life of suffering and of hardship and uncompromising devotion to your oath and your duty.”
—James Kevin McGuinness, and John Ford. Lt. Col. Kirby Yorke (John Wayne)
“Is not a patron, my lord, one who looks with unconcern on a man struggling for life in the water, and, when he has reached ground, encumbers him with help? The notice which you have been pleased to take of my labours, had it been early, had been kind; but it has been delayed till I am indifferent, and cannot enjoy it; till I am solitary, and cannot impart it; till I am known, and do not want it.”
—Samuel Johnson (1709–1784)