The Manual of Patent Examining Procedure, explainedReviewed 9 November 2026
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Concepts

Official Notice in the MPEP

Answer in brief

Under MPEP 2144.03, an examiner may take official notice, without documentary evidence, only of facts "capable of such instant and unquestionable demonstration as to defy dispute" (In re Ahlert). If the applicant adequately traverses, the examiner must provide documentary evidence.

The rules

  • Official notice should rarely be the principal evidence for a rejection.
  • The applicant must specifically point out the supposed errors; a general statement is not an adequate traverse.
  • If the applicant does not traverse, the noticed fact is treated as admitted prior art.

Questions & answers

How do you challenge official notice?
Specifically traverse it in the next reply, explaining why the noticed fact is not common knowledge. The examiner must then provide documentary evidence or withdraw the finding.

Sources for this entry

  1. USPTO — MPEP § 2144 USPTO
    Official text of this section, Ninth Edition, Revision 01.2024.
  2. Wysebridge MPEP Center Wysebridge (publisher of this site)
    The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2144: Supporting an Obviousness RejectionMPEP 2142: Prima Facie Obviousness

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MPEP.net. “Official Notice in the MPEP.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/official-notice/