Bytes from Stone: Use of Electronic Records as Evidence in Interference Proceedings

Keeping a written record in laboratory notebooks is as antiquated as etching words in stone or dying pictures on the walls of a cave. Yet, often at the behest of counsel, scientists document their daily research by handwriting in bound laboratory notebooks. Bound handwritten notebooks have been used throughout the years because they are known to be admissible and believed to be credible evidence of priority of invention. However, this does not mean that scientists cannot create and maintain research notes electronically. Electronic notebook records are admissible evidence of priority of invention when properly kept. When transitioning from bound notebooks to electronic records, scientists must ensure the integrity of such records so that the decision maker views them with the same credibility as bound written notebooks.