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7.2.3 Witnesses

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In a derivation proceeding, it is important that the inventor establish the acts of conception and reduction to practice that support the patentability of the invention. Documentary pieces of paper, electronic fixations on media, and scraps of other materials are usually challenged by the defense lawyer as lacking authenticity. By having your relevant documents signed and witnessed by other parties, and dated, these other parties can then testify at trial that they signed those documents when dated, thus proving their authenticity. Also, if you tell somebody within your project control group about your invention, they can testify that they discussed the invention with you at that time. However, it is important to remember that the invention should not be discussed with anybody working outside of the project control group involved in the development and/or production of the invention. Public disclosure of the invention during its development stage and reduction to practice stage, absent a signed non‐disclosure agreement (NDA), should be avoided.

Intellectual Property Law for Engineers, Scientists, and Entrepreneurs

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