Recommendations for Keeping Laboratory Notebooks from the Perspective of Intellectual Property Protection

Requirements for different types of research and laboratories will most likely vary; however, in all cases, a well-kept notebook provides a reliable tool for demonstrably recording research methods and results. It is a valid record that preserves the rights of the researcher, employer, or project leader to the outcomes of the research, and can thus assist in protecting intellectual property.

Why Keeping a Formal Laboratory Notebook Is Important

Detailed notes are the only way to track what you have done and how you have done it. Moreover, the formal nature of a laboratory notebook ensures that certain records are always kept and that they are recorded in a consistent manner. The laboratory notebook is a confidential document, the contents of which may only be shared with collaborators and supervisors. Carefully kept research records are extremely useful when asserting intellectual property claims. In research whose results may be patentable or involve intellectual property, these records are highly valuable for submitting a patent application and also help defend against possible challenges to your patent or invention. Well-prepared research records can prove that you were the first person to come up with the invention.

Types of Laboratory Notebooks

A handwritten notebook in hardbound covers is often used because it allows information to be recorded in a simple and permanent way, while the required tools (notebook and pen) are not dependent on an external power source, are easily accessible, and highly portable. At the same time, hard binding provides protection against record manipulation, thereby ensuring effective control. For electronic laboratory notebooks (ELN – Electronic Laboratory Notebooks), it is recommended to use existing specialized web applications that ensure the security of records as well as their effective management and control. There are many different ELNs that offer a variety of features and can be adapted to specific needs. One example of such a tool is Labfolder, which is used by some research teams at Max Planck institutes (approximately 1,500 users out of a total of about 16,000 researchers) and is systemically integrated into the Max Planck Digital Library. However, its basic version is available for trial free of charge.

3 Basic Rules for Maintaining a Handwritten Laboratory Notebook

• Notebook pages must be permanently bound and sequentially numbered. - Entries in the notebook must be legibly made using indelible ink or another permanent marker, without leaving blank spaces between the text. - Notebook pages must always be signed and dated after entries by the person(s) performing the activity and at least one confirming witness.

Requirements for different types of research and laboratories will most likely vary; however, in all cases, a well-kept notebook provides a reliable tool for demonstrably recording research methods and results. It is a valid record that preserves the rights of the researcher, employer, or project leader to the outcomes of the research, and can thus assist in protecting intellectual property.

Why Keeping a Formal Laboratory Notebook Is Important

Detailed notes are the only way to track what you have done and how you have done it. Moreover, the formal nature of a laboratory notebook ensures that certain records are always kept and that they are recorded in a consistent manner. The laboratory notebook is a confidential document, the contents of which may only be shared with collaborators and supervisors.

Carefully kept research records are extremely useful when asserting intellectual property claims. In research whose results may be patentable or involve intellectual property, these records are highly valuable for submitting a patent application and also help defend against possible challenges to your patent or invention. Well-prepared research records can prove that you were the first person to come up with the invention.

Types of Laboratory Notebooks

A handwritten notebook in hardbound covers is often used because it allows information to be recorded in a simple and permanent way, while the required tools (notebook and pen) are not dependent on an external power source, are easily accessible, and highly portable. At the same time, hard binding provides protection against record manipulation, thereby ensuring effective control.

For electronic laboratory notebooks (ELN – Electronic Laboratory Notebooks), it is recommended to use existing specialized web applications that ensure the security of records as well as their effective management and control. There are many different ELNs that offer a variety of features and can be adapted to specific needs. One example of such a tool is Labfolder, which is used by some research teams at Max Planck institutes (approximately 1,500 users out of a total of about 16,000 researchers) and is systemically integrated into the Max Planck Digital Library. However, its basic version is available for trial free of charge.

3 Basic Rules for Maintaining a Handwritten Laboratory Notebook

• Notebook pages must be permanently bound and sequentially numbered.
• Entries in the notebook must be legibly made using indelible ink or another permanent marker, without leaving blank spaces between the text.
• Notebook pages must always be signed and dated after entries by the person(s) performing the activity and at least one confirming witness.

Additional Useful Tips for Keeping a Notebook from the Perspective of Intellectual Property Protection

• Avoid scribbling over mistakes. Instead, cross out errors with a single line.
• Write so that the text is legible to others. Block letters are a good choice.
• Cross out any blank white spaces.
• Record all experiments, including unsuccessful ones or those that led nowhere. Document all experimental procedures.
• If an error causes failure, record that as well (to prevent claims that the technology does not work).
• Also record all new concepts and ideas related to your work.
• Avoid expressing personal opinions in the notebook. This could lead to misinterpretation. The notebook should contain factual, quantitative, and qualitative results.
• Record success, e.g., “It worked!”
• Record future hypotheses that you will test and that were formulated based on your experiment.
• Clearly reference data recorded elsewhere (e.g., a colleague’s lab notebook, electronic data, etc.).
• Record any samples received from elsewhere and ensure you have the right to use them.
• Sketches and drawings are also important. In general, enough information should be included so that someone else with the same expertise could repeat the experiment.
• Any data added later must be on a separate page with a reference to the original entry.
• Do not write things like “it was obvious,” “easy,” as they may be considered evidence of obviousness.
• Avoid disparaging expressions such as “the experiment was worthless” or “the technology is worthless” – this may suggest that you did not fully appreciate the invention.
• Regularly review your records to identify any deficiencies in time.
• Number your notebooks and store them in a secure location designated by the lab supervisor.
• Each laboratory should maintain a list of the notebooks that have been created there.

Download the Laboratory Notebook Guidelines (PDF)

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