Spiral Notebook

The Invention Notebook

For any inventor looking to apply for a patent, it is imperative to have proof of the project's originality, every step of the way.

 

In the US exclusive rights to an invention are determined by the date of invention rather than when the patent application was filed. If an application is challenged, it is important to be able to prove the originality not only of the end product, but of the whole product. There is no use in laying claim to an invention whose construction or implementation requires elements patented by someone else unless a formal arrangement has been made with the rights-holder. While less than two percent of patents are challenged, in a first-to-invent system keeping a notebook or journal can help ensure an invention isn't credited to the wrong person.

 

An invention notebook is just what it sounds like, a journal of the invention process. It is used by anyone requiring a detailed chronology of a project's evolution in order to prove it's authenticity. The journal may detail experiments and results, sudden inspirations and any materials and procedures used in the invention process.

 

Patents are more complex than copyrights. Copyrights are registered with the Copyright Office of the Library of Congress and give exclusive rights to concepts, not their utilization. In addition, registration is optional. Copyright is assumed immediately upon a work's creation and registration only helps to strengthen claims of ownership and bring bigger settlements in copyright infringement cases.

 

While a work of art or literature can only have been created once in a particular way, an invention may easily have been conceptualized by many separate people. In this case it is the particular way of inventing that requires protection. Whereas a copyright is assumed the moment a creative work is realized, a patent must be granted before exclusive rights to an invented device or procedure can be assumed, and these are issued by the United States Patent and Trademark Office.

 

For an invention notebook or journal to be of any value to the inventor if an application is challenged, the originality of the whole invention process must be verified, signed and dated by a qualified professional familiar with the particular area the invention deals with. These credentials will reassure a judge that the person who verifies the notebook's contents understands them.

 

If an inventor lacks access to someone in their particular field, any lawyer or notary public can do the job, and should read, sign and date each page to verify that they have read and understand what is written to the best of their knowledge. This should be done not just once, but regularly throughout the invention process. An added precaution would be to make a copy of the signed materials for future reference before sealing them in an envelope and getting the notary to sign the seal.

 

While an invention notebook does not establish rights to an idea or prove with total certainty the originality of its content, it is helpful in establishing the dates of ideas and shows that they are more than just flights of fancy.

 

There are potential disadvantages to an invention notebook. While it can provide definitive dates, if any or all of the ideas were previously jotted in another inventor's signed and dated journal, even if both notebooks are original, rights will be given to the first to invent. In addition, if a project has been put on hold for any length of time without a satisfactory and equally verifiable explanation, signed and dated notes may indicate that due diligence has not been followed or that the project has been abandoned or worse, suppressed. However, despite these potential downsides to a journal, it is still a must and if the inventor is diligent and forthcoming, a problem is unlikely.

 

There is no specific format for an invention journal, but there are a few important things which will increase their value should a claim be challenged.

 

Pages should be permanently bound with sewing or glue. Spiral-bound will do in a pinch but loose leaf is completely out of the question. There should be no possibility of adding pages after the fact. Ready-prepared books are available for these purposes at lab supply stores and the like, with numbered pages and separate lines for signatures and dates, but a regular bound book with hand-numbered pages will suffice. Numbered pages are crucial.

 

Never add to, cross out or write over contents of the book at a later date. Add corrections and additional information as supplements in later pages. Detail and accuracy are good things, but clutter and filler will turn off a judge and can make the journal look suspicious.

 

Last but not least, an invention notebook must be neat and tidy. The person who notarizes it should be able to understand it, as should the judge who rules on it. If this seems impractical for a working journal, it may be helpful to keep one for working and a tidier one for the purpose of verification.

 

An invention notebook can be a useful tool for helping to prove first rights, but only a patent grants an inventor exclusive legal rights to an invention. However, a dated and verified journal will help in the rare case that an application is contested.

 

Read all our articles at www.invention-resource.com

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