Legal Definitions - examiner

An examiner is a professional authorized to conduct a formal review or investigation, often with the power to gather information or make official determinations. This term typically refers to two distinct roles within legal and administrative systems:

• A person appointed by a court to oversee a specific part of a legal proceeding, such as administering oaths and recording testimony from witnesses outside of a formal courtroom setting.
• An official within a government agency, such as a patent office, who reviews applications and determines whether they meet the legal criteria for approval.

Here are some examples illustrating the role of an examiner:

• Court-Appointed Examiner: Imagine a complex civil lawsuit where many witnesses live in different states, making it impractical and costly for them all to travel to the courthouse for depositions. In such a situation, the judge might appoint an examiner. This examiner would travel to the witnesses' locations, administer an oath to each witness, and formally record their sworn testimony. This process allows the court to gather necessary evidence efficiently, ensuring all testimony is properly documented and admissible for the court's review without requiring all parties to be physically present in the courtroom for every step.

• Patent Examiner: Consider an inventor who has developed a groundbreaking new material for lightweight, durable sporting equipment and applies for a patent to protect their innovation. A patent examiner at the national patent office will be assigned to review this application. The examiner's crucial role is to conduct a thorough search of existing patents and public knowledge (known as "prior art") to determine if the new material is truly novel, non-obvious, and useful, as required by patent law. If the examiner concludes that the invention meets all legal criteria, they will approve the patent application, granting the inventor exclusive rights to their creation.