{"id":4959,"date":"2016-04-04T10:47:49","date_gmt":"2016-04-04T15:47:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/document-your-invention-why-and-how.html"},"modified":"2024-05-22T02:33:30","modified_gmt":"2024-05-22T07:33:30","slug":"document-your-invention-why-and-how","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/document-your-invention-why-and-how.html","title":{"rendered":"Document Your Invention: Why and How"},"content":{"rendered":"\n
\n \n
\n

Document Your Invention: Why and How<\/h1>\n
\n
\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n

Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It’s crucial to document your invention when you’re a small business owner and inventor. Especially if you are going through the patent process. If this is your first time creating a new product, plan how you will document your progress. You must focus on keeping good records while you work on your invention. This includes keeping detailed records of your invention’s development, progress, and milestones.<\/p>\r\n

This article discusses why and how entrepreneurs and startups should document their inventions. If someone challenges your patent application<\/a> or you discover someone has infringed on it<\/a>, good documents are key to winning the dispute.<\/p>\r\n

Why Record Your Invention Progress?<\/h2>\r\n

Here are some reasons you should keep records of your progress:<\/p>\r\n

1. To Prove Your Ownership<\/h3>\r\n

Prove you are the inventor. Documenting the progress of your invention gives evidence of conception. It can help you establish your ownership rights.<\/p>\r\n

2. To Secure Patent Protection<\/h3>\r\n

Documentation is crucial for pursuing patent protection. Documenting serves as proof of your invention’s novelty and non-obviousness. Novelty and non-obviousness are requirements for patent protection.<\/p>\r\n

3. Tax Benefits<\/h3>\r\n

Good records can help you during income-tax time<\/a>. These records help establish deductions for expenses relating to your invention. These records can also defend you from the IRS if you’re audited<\/a>.<\/p>\r\n

4. To Establish a Filing Date<\/h3>\r\n

Good records help establish a specific date when you want to file. The filing date is vital in determining priority rights and defending against potential challenges.<\/p>\r\n

5. For Reduction to Practice<\/h3>\r\n

Documentation may prove that you were the first to turn the idea into a physical object or specific process, a.k.a. a "reduction to practice<\/a>."<\/p>\r\n

6. To Establish Novelty and Originality<\/h3>\r\n

Good records help establish that your idea is new and original.<\/p>\r\n

7. To Mitigate Liabilities and For Regulatory Compliance<\/h3>\r\n

Documentation can help mitigate liabilities and make sure you adhere to regulatory requirements.<\/p>\r\n

8. For Progress Tracking and Project Management<\/h3>\r\n

Documenting your invention helps check progress, track amendments, and review project management effectiveness.<\/p>\r\n

9. To Attract Stakeholders<\/h3>\r\n

Well-documented inventions will attract stakeholders, such as investors, licensees, or partners. Documenting your invention is essential for establishing partnerships. Potential team members will want to review your records.<\/p>\r\n

10. For Credibility and Cash Flow Opportunities<\/h3>\r\n

A well-documented invention can increase credibility and attract cash flow opportunities.<\/p>\r\n

How To Record Invention Data<\/h2>\r\n

To document your invention, detail your process step by step.<\/p>\r\n

1. Use a Bound Lab Book<\/h3>\r\n

Use a bound lab book to maintain your records. This makes it difficult for opponents to argue that you tampered with the documents. Include your workflow, metrics, and milestones in this book.<\/p>\r\n

2. Provide Necessary Information<\/h3>\r\n

Write your name, address, and the date you started keeping the lab book on the front cover or flyleaf.<\/p>\r\n

3. Number the Pages<\/h3>\r\n

If the book lacks page numbers, add them to ensure organization.<\/p>\r\n

4. Include Witness Signatures<\/h3>\r\n

If you have a book that does not have signature lines at the bottom of the page for your witnesses, add them. There is an example in the template below.<\/p>\r\n

5. Include Expenditures<\/h3>\r\n

If you spend money on creating your invention, keep track of that in your logbook. List what you paid, where you spent it, and what it was for. Keep the original receipts and make copies since receipts can fade over time.<\/p>\r\n

6. Use a Record of Invention Template<\/h3>\r\n

Your record of invention is a record of your initial idea. The suggested template to record the details of your invention, such as its:<\/p>\r\n