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Electronic Laboratory Notebooks vs. Physical Laboratory Notebooks

Defending Your Intellectual Property in Court
How an electronic lab book holds up in court

If you choose to rely on Electronic Laboratory Notebooks 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 permanently bound, sequentially numbered lab books 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.
An electronic lab book will look good in 10 years
(How will your system look 10 years from now?)

Electronic Laboratory Notebooks

  • 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 Laboratory Notebooks

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 rock solid, time tested lab books and log books that are 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 custom laboratory notebooks and log books
  • 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
electronic lab book Bookfactory
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Toll Free: (877) 431-BOOK
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Outside North America
+44 (0)20 3137 7038
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(614) 388-5635

Outside North America
+44 (0)20 7900 3562
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