These issues involve proof of details of the technical disclosure and dates. In addi-tion, witnesses who can corroborate the existence of the disclosure are important. Another situation where proof of facts can be important is whether one filing a patent application has, in fact, disclosed the best mode of practicing the invention known to the inventor as of the filing date. Invention disclosures created prior to the filing date can shed light on what the inventor knew before the filing date. Al-so, agreement situations, such as joint ventures or licenses, may involve the need to establish a line of demarcation between background rights and inventions made after the date of the agreement.
Records can be valuable in proving such facts.
The more difficult it is to challenge the accuracy of the evidence, the easier it is to prove that factual assertions are accurate. For example, if an inventor kept a record of research and development in a loose-leaf notebook with entries made in pencil and gaps left in a random fashion between successive entries, such a system would be subject to challenge. Contrast this with the probative weight given to a bound notebook wherein all entries were made in ink and in sequence without gaps, thereby minimizing the likelihood of alteration, substitution, or removal of pages or later insertion of information into blank spaces. One obvious weakness of facts stored in computers or on magnetic media is that they are subject to alteration without the alterations being readily detectable. Also, it is more difficult to have a witness's signature attesting to the existence of the record at a given date and the content thereof.