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?
Sources for this entry
- USPTO — MPEP § 2144 USPTO
Official text of this section, Ninth Edition, Revision 01.2024. - 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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Cite or share this entry
MPEP.net. “Official Notice in the MPEP.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/official-notice/