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Re: worth of labratory notebook by non US citizen


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Posted by James Ivey on September 23, 2003 at 12:51:11:

In Reply to: worth of labratory notebook by non US citizen posted by jason alexan on September 23, 2003 at 09:55:38:

Of course, this is just a general discussion of basic principles of law and not legal advice specific to your case. I haven't taken the time or effort to verify that my understanding of the law as it stands is consistent with the latest judicial precedent.

First, as to your notebook/diary, it's evidence of your date of invention -- conception plus an uninterrupted period of diligence in reducing it to practice. You're having someone sign and date your entries daily, aren't you? It helps to have corroborative evidence of the dates and authenticity. I see no reason why your notes won't be as persuasive as notes here in the U.S.

Now, things happening "in this country" have different impact in the law vs. things happening elsewhere. Take a look at Section 102 -- particularly 102(a) and 102(g).

Second, provisional patent applications are practically useless. Don't bother. Get a real patent application on file as soon as possible.

For the reasons why I think PPAs are useless, see my FAQ on the topic.

I hope this helps.

Regards.

:
: hello there

: my name is jason from sydney. i am presently developing an invention which i wish to patent in the USA, and for which i wish to lodge a patent application soon. meanwhile i am keeping a well recorded and witnessed diary of invention and progress.

: i know that such a diary written by a US citizen is recognised in the US as having potential legal status in establishing who was first to invent. but is my australian notebook of similar legal value? or should i lodge a PPA ASAP?

: thankyou for any help - i can't seem to discover this information anywhere.

: jason




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