Electronic Notebooks in the Post-America Invents Act World

Abstract

The enactment of the America Invents Acts (AIA) lit a fire under the feet of the patent community in 2013 when the United States instituted a "first-to-file" system. At first glance, many believed that these new laws greatly reduced the need to be diligent in keeping laboratory notebooks. However, it is still imperative to maintain laboratory notebooks, especially in view of some of the potential pitfalls associated with electronic notebooks and their use in a court of law in this post-AIA world.

Intellectual Property Management in Academic and Research Organizations: The Role of a Laboratory Notebook

“…The major advantage of an ELN is that it is less likely to be stolen or lost. However, it will be necessary to prove the originality and authenticity of data and digital signatures in the ELN in court during prosecution (Kanza et al, 2017; Palovich, 2014). According to the U.S. Patent Office, electronic records can be used as evidence in patent interferences to the same extent as they are admissible under the Federal Rules of Evidence (Holtz, 2011).…”

“…The major advantage of an ELN is that it is less likely to be stolen or lost. However, it will be necessary to prove the originality and authenticity of data and digital signatures in the ELN in court during prosecution (Kanza et al, 2017;Palovich, 2014).…”

A New Framework for Student-Led Cocurricular Design Projects

“…With adoption of America Invents Act and change from First to Invent to First to File some individuals believe that keeping a paper-based notebook may provide more sustentative evidence in the event of legal proceedings [10]. …”