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RECORDKEEPING AND DISCLOSURE -- (back to Patent index)


THE INVENTOR'S NOTEBOOK

The inventor's notebook has long been considered one of the most important and valuable ways of establishing intellectual property ownership. Because in the United States the right to patent resides with the first to invent, it is extremely important to have evidence of the date of conception and diligence in reducing the idea to practice. A well-kept journal of conception and subsequent development will add considerable strength to an inventor's case in filing for a patent and defending or bringing an infringement lawsuit.

A proper inventor's notebook should be a stitch-bound, page-numbered book in which all information pertaining to the invention is recorded. All entries should be made in ink, in a continuous fashion, leaving no blank pages. All entries must be dated and signed by the inventor, individually, and the book as a whole should be read and signed by a credible witness at regular intervals. Because this document may be the only concrete proof that an inventor has a claim to an idea, diligent and timely record keeping is critical. Credible notebook witnesses are also important. Witnesses should be able to understand the concepts and principles presented, and generally should not be co-inventors or family members.

Following are basic rules for the inventor's notebook:

  1. Use ink when recording all entries.
  2. DO NOT ERASE - Cross out mistakes with a single line drawn through the entry.
  3. Write from one edge of the page to the other. Fill in any empty space at the end of the line or complete empty lines with a wavy line.
  4. Date and sign each new entry on the day it is made. Do not back date. Make only one written entry per page, and cross out any blank page or write "blank page" upon it.
  5. Keep all activities in chronological order. Glue in all drawings, sketches, photographs, receipts and other materials that have been witnessed and dated.
  6. Record conception and reduction to practice. Show diligence. Include:
    • Description of concept, sketches and supporting calculations.
    • Progress by means of continuous and regular entries.
    • All reductions to practice, including results of experiments and failures.
  7. Have your notebook witnessed on a regular basis.


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