Judicial notice
Official notice

During the prosecution phase of U.S. patent applications, a similar concept to judicial notice is 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 from the prior art, usually patent documents or other printed publications, that the subject matter of a rejected claim was known or would have been obvious prior to the application for patent by the inventor. However, examiners may officially notice facts that "are capable of instant and unquestionable demonstration as being well-known". 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.
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