Notes on Invention Notebooks

It may sound trite but it’s usually true: Put it in writing. This basic business principle applies to numerous legal issues where veracity comes into play. A written document is hard evidence that can be used to support your position — while the absence of such a document may count against you.

This axiom is particularly true in the application of intellectual property law. Specifically, if you keep an “invention or engineering notebook” for a product or concept you work on, it can help you secure patent protection later on. The notebook should be maintained in a manner and format that will be accepted in both the legal and scientific communities.

Here are several guidelines to follow when you’re compiling data in an engineering notebook:

• Use a bound (stitched binding) lab notebook rather than a loose leaf notebook where pages can be added at a later date. Write in ink, not pencil, on both sides of the page. Don’t erase when you want to make changes. Put a line through the passage and rewrite it. These steps can help avoid accusations later on that the notebook was reconstructed.
• When starting a new page, record the title, project number and other identifying information. If there are multiple books, number them in sequential order.
• Put all the data directly into the engineering notebook, including drawings and calculations. If you make a mistake, draw a single line through the incorrect data. All corrections should be initialed and dated.
• The more technical detail you include, the better.
• After entering your data, sign and date all entries and have witnesses who understand the technical aspects of the invention do the same. (Witnesses must actually observe the work performed.) List the names of anyone who was present during demonstrations. Of course, you want to make sure witnesses are bound by an obligation to keep the details confidential.
• Last, but not least, keep the contents of the notebook strictly confidential. You might store the notebook in a fireproof safe for protection against loss or theft. If you don’t take this precaution, all of your hard work may vanish in a puff of smoke.

The purpose of a notebook is to help prove the date you conceived the invention and to show your diligence. Once a patent application is filed, these records will become less important. Your attorney can help you set up a process for creating and maintaining a notebook and can advise you on the proper language to use when describing your invention.