What to Record

Your record of invention is a record of your initial idea. Here's a suggested format:

As you develop your idea, record how you did so, that is, what exactly did you do that day to make progress on your invention.

• Record how you tested your idea.
• Was your test successful?
• What did you learn or figure out from the test?
• Keep your focus on the facts.
• Don't write conclusions except those that are supported by the facts you have recorded.
• Keep your language objective.
• If you generate other documents, such as recorded print-outs from an experiment that cannot be entered by hand, paste or tape them into the lab book in the entry for that day.

However you decide to attach the printouts, make sure that the method is permanent. Stapling them on to a page may not be the best way to go.

These other documents should be signed and witnessed as well.

When you discuss the print-outs in your entry, include a reference to it so that it ties into your record.

Witnesses

• Find impartial witnesses to sign your book. Don't ask your spouse or best friend. Instead ask a business associate, lab mate, or some professional person with an adequate background to be the witness.
• Find a witness who will be available to you at a later date, just in case you need testimony to support your claims.
• Don't ask your patent lawyer to be a witness; otherwise he or she will not be permitted to represent you before the PTO. (An attorney cannot be a witness in a case in which he or she also represents one of the parties.)
• Make sure your witness can be trusted with knowledge of your work.
• If you work in a technical or scientific field, your witness should have sufficient knowledge to read your entry, understand it, and know whether things are correct.
• Don't have a notary witness your work. A notary's testimony will be limited to the fact that he or she saw you sign the document. You will want a witness who can answer specific and substantive questions about it.

Keeping Secrets

• Take steps to ensure that your work and the contents of your lab book are kept secret.
• Consider obtaining confidentiality agreements for your witnesses. A patent lawyer can draft one for you.
• Add the line "The above information is confidential" just above your witness-signature area where it says "WITNESSED AND UNDERSTOOD."
• Consider locking your lab book in your desk at the end of the day.

The Working File

Use a file folder (the kind that is sealed into a pocket is probably best) to keep things like receipts, correspondence, cancelled checks, and other miscellaneous documents relating to your invention. If the item does not have a date on it, note the date you received it, e.g., "Received on [DATE]."