Patent related disputes often turn on establishing precisely when specific information was known, and who contributed that knowledge. Faced with the challenge of determining “who knew what, and when,” courts search for evidence to corroborate witness testimony answering this question, and laboratory notebooks often provide such evidence. Those created and maintained in accordance with standard “best practices” are highly persuasive; therefore, understanding and implementing these best practices will help ensure that your laboratory notebooks provide sufficient corroborating evidence of inventive activity to answer this difficult question, if the need should arise.
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