Electronic Lab Notebook vs. Physical Lab Notebook
If you choose to rely on an Electronic Lab Notebook to protect your intellectual property, you won't know if you made the right decision until a jury decides years into the future. It is not a question of whether electronic records are admissable; it is a question of which evidence is most believable to a jury of ordinary citizens. Billion dollar cases hinge on proving the date of invention. Is it worth the risk to your shareholders?
A Nightmare Scenario
Side 1 submits electronic records backed up with a series of information
technology experts that swear that their proprietary software design protects these records from alteration.
Opposing counsel presents case after case of supposedly unbreakable software systems leaking credit card data of
ordinary citizens and nuclear secrets of the US Government. They also point out that the company that made Side 1's
software is not available to explain the inner workings of the security system because they are no longer in
business. All they have to do is place doubt in the jurors' minds.
Side 2 submits a permanently bound, sequentially numbered lab
notebook containing the researcher's notes and signatures, including witness signature, all in their individual
handwriting. The jury instantly understands what is placed before them. In addition, the paper and ink can be
scientifically analyzed to determine age.
The United States is a first-to-invent country. Your ablility to defend your company's patent depends on the
inventor's records that describe the work leading to the invention. These records must be in a form acceptable to
the US Patent Office or courts. The key is proving when conception and reduction to practice takes place. The
standard of proof required is a preponderance of evidence. Remember, when you get into court, it is a jury of
ordinary citizens that will decide who wins. Talk with your patent counsel to assure you make the right decision for
your company and shareholders.
(How will your system look 10 years from now?)
Electronic Lab Notebook
- Will require expert witnesses
- Original database designers
- Original data security architects
- Original and current system administrators
Will your ELN company even be around?
- Must convince a jury of ordinary people
- Will access to media storage even be available?
Physical Lab Notebook
- Can be physically examined
- Accessibility is not hindered by obsolete technology
- Are easily understood
- Are tamper evident to ordinary people
- Have a long history in case law
- Have paper and ink that can be scientifically analyzed
Why 64% of Fortune 100 Companies & 80% the World's
Top Pharmaceutical Companies Chose a Lab Notebook
Our company is extremely qualified to advise you on this subject. Our founders are inventors who not only hold several
patents, but have defended them in court winning multi-million dollar judgments in their favor. One of our founders was the Chief Technology
Officer of a $40B high technology enterprise. We not only understand intellectual property, but we recognize both information technology's
benefits and limitations. We could have simply entered the market with an ELN product offering, but chose to use technology to produce a rock
solid, time tested lab notebook or log book that is easily customizable. Talk to your patent counsel for legal advice. We are here
to help. Just give us a call and we will help you find the best solution for your documentation needs.
- Fully customize a lab notebook
- Fully customize a log book
- No set up charges
- Quantities as low as 10 books
- Fast turnaround times
- Lower prices than you are paying today
- Offices in the US and Europe to serve all your locations
Contact Info