Inventor's Notebook

Record Keeping

Proving the date of invention consists of proving the date of the inventor's "conception" of the idea and the date on which the inventor actually made, tested or used the invention. Thus, there are two general dates, one being the date of "conception" and the other being actual "reduction to practice". In some cases, proving that an inventor worked diligently in going from conception to reduction to practice may be important. It is very important to have witnesses who can testify to the date of conception and reduction to practice. The filing of a patent application is a constructive reduction to practice.

Usually records are not needed for proof until enforcement of a subsequently issued patent is attempted, or until a contest of inventorship develops. Accurate and contemporaneous record keeping is essential.

Invention Disclosure

No special form is necessary, but a written description, which explains the invention and which preferably includes drawings to illustrate the invention, is needed, together with corroboration by a party other than the inventor. After a description of the invention is made, the disclosure should conclude with the following statement:

"This invention disclosure was written by [your name] on [date],"

and then the inventor should sign it. Underneath the signature, the name and address of the inventor should be printed or typed. Beneath that should be a witnessing paragraph as follows:

"Read and understood in confidence this ____day of ______________, 20__".

There should be several signature lines and printed names for one or more witnesses who understand the disclosure. These witnesses should be people who you trust to maintain your idea in confidence, who are capable of understanding your invention, and who clearly are not co-inventors with you. The purpose for having a witness to the disclosure is to be able to have the witness testify that they actually did read and understand the disclosed invention on the date indicated. If witnesses do not understand the invention disclosure, they will not be able to tell if something was added later, and if they are a co-inventor, they will not be allowed to corroborate the invention.

The disclosure need not be signed by the inventor and witnesses at the same time, but the date on which the witnesses sign the disclosure is really more important than the date on which the inventor signs it. Attached is a sample invention disclosure document.

Inventor's Notebook

It may be important to keep a diary of the date on when the idea was conceived and the steps taken to reduce the invention to practice. Entries of the work done, the dates and parts that were ordered, notations of delays in obtaining parts, and notes on the assistance rendered by others should be set forth in the notebook. Additionally, all entries should be witnessed and dated in writing, by at least one person other than a co-inventor. The following are some recommendations regarding the use of a notebook.

The notebook should be permanently bound so that pages may not be removed (preferably one with removable carbon copies that can be regularly filed for safe keeping).

The pages should be numbered sequentially with no pages missing.
Data and information should be entered directly into the notebook; sign and date each page as it is filled.
Keep only factual and accurate records.
Use permanent ink that will photocopy well.
Fill each page. If there is a blank, line out, initial and date it.
Write clearly and legibly and avoid unusual abbreviation.
Identify errors and mistakes and explain them in writing.
Attach support records to the notebook including equipment or parts purchased to build or test the invention. If that cannot be stored in a notebook, make reference to them and carefully store the records.
Keep the notebook neat and clean.
As the invention progresses, have the entries witnessed by someone who understands the invention. Have the witness write, "Read and understood in confidence" then the date and their signature.
Keep all records for the entire time the patent is in force and for at least six years afterwards.

Don'ts

Don't use loose-leaf paper, napkins or other pieces of paper to record the progress of the invention.
Only use the notebook for invention information; no phone numbers, sports scores, or doodling.
Don't record things about the invention that are not true--you would only be misleading yourself.
Don't use pencil.
Don't scribble or write in a foreign language.
Don't erase, write over or use liquid correction for any mistake.
Don't use family members as witnesses (including your spouse).
Don't assume that your witness understands the work; be sure that it is understood.

Final Points

Remember to contemporaneously date each entry. Often times an invention will be memorialized for the first time in a computer memory. Such records may be in text form or in a drawing (computer aided design) system. It is also likely that such records will be revised as the invention is refined so that no permanent record of the initial conception may exist. Therefore, computer invented records should be printed out on a regular basis, and should be treated just like other hard copy records (execute and witness an appropriate written disclosure). This insures an inventive record to be permanently recorded even if the computer record of the invention is later altered.

Finally, avoid editorializing. Negative editorial comments reflect adversely on the work that is being done and if a dispute develops over when a particular invention was made, adverse comments regarding its function may be admissions that could be devastating.

Tips & Information

The information provided on this site and in any associated links are intended for general guidance only. Because professional legal advice must always be specific to the facts and circumstances of a particular client, the information on this site and any associated links cannot and should not be relied upon as legal advice. ©2000,2004,2008 Anthony J. Bourget. All rights reserved.