pjvande
Joined: Mar 10, 2005
Messages: 7
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The majority of documentation today is being captured electronically. It doesn't matter what your job title might be, the fact remains that much if not most of what you produce is done electronically. When it comes to intellectual property this poses a challenge, namely, being able to use that documentation in court to substantiate a date of invention or perhaps the concept of 'diligent reduction to practice.' The USPTO in fact said the following back in 1998:
Admissibility of Electronic Records in Interferences
Pursuant to 37 CFR 1.671, electronic records are admissible as
evidence in interferences before the Board of Patent Appeals and
Interferences to the same extent that electronic records are admissible
under the Federal Rules of Evidence. The weight to be given any
particular record necessarily must be determined on a case-by-case basis.
January 12, 1998 BRUCE H. STONER, Jr.
Chief Administrative Patent Judge
I take this to mean that electronic records are admissible as evidence but the weight of that evidence will be based on the degree of reliability of those records in terms of the content and date being accurate.
What are the main means by which companies today authenticate or validate the date and content of their electronic records relating to intellectual property. For that matter, how do they do it related to any corporate record that might be electronic?
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