TheSoleau envelope is a procedure for time-stamping documents. Filing is much less complex than for a patent, and its electronic version allows multimedia files (sound, video, etc.) to be attached to the file. Appreciated for its simplicity, the Soleau envelope does have a few limitations.
3 reasons to file an electronic Soleau envelope
Traditionally, the Soleau envelope is a formality that involves filing a maximum of 7 A4 sheets of paper withINPI. In return, the Institut National de la Propriété Industrielle issues a certificate.
Advice from your INPI-accredited industrial property attorney ✔️
1 – Proof of anteriority
For 10 years from the date of filing, you can ask INPI to return the envelope and certificate. In this sense, the registered content is time-stamped. You can prove to a third party that you were in possession of information at a specific date and time. A designer can register his sketches, and an engineer can do the same for a computer code. In the case of an invention, the preparatory documents filed would prove that you have the greatest anteriority on an idea. If a patent is filed by a third party, and you have the appropriate proof, this means that you can exploit the invention without paying royalties to the owner. This is the right of prior personal possession.
2 – An almost unlimited deposit
Anything that can be materialized on a digital medium, up to a maximum of 300 MB, can be the subject of a Soleau envelope. Texts, images (still or moving), sounds… are all documents eligible for deposit. An author of novels, for example, who fears manuscript theft, will be able to prove that he or she is the real creator of the work, thanks to the previous contents of a Soleau envelope. A text file is easily much smaller than 300 MB!
3 – An inexpensive procedure
Whether you opt for the electronic or traditional Soleau envelope, the cost of registration with INPI is €15. It’s up to you to select what’s most appropriate to include, depending on your protection and negotiation needs. Your industrial property attorney can help you at this stage. Indeed, depending on the content you wish to register and the way you do it, the protection will not be the same. Soleau in your own name or in your company’s name? Should the procedure be carried out before or after signing partnership contracts?
3 limits of the Soleau envelope to remember
Simple to set up, the Soleau envelope is a procedure appreciated by entrepreneurs, startup founders, creators and independent inventors with small budgets. However, it does have its limitations.
1 – The Soleau envelope is not a title to industrial property
An electronic or traditional Soleau envelope will only time-stamp documents to certify that you are the author. It is not, however, a title to industrial property, like a patent! This is why the contents of the Soleau envelope will never enable you to claim payment of royalties, or prevent third parties from exploiting your invention.
2 – A size limit
Even if the electronic format has freed up the Soleau envelope by allowing a capacity of 300 MB, this is still not much. If your projects evolve, you’ll also have to update your deposits, and the costs will mount up.
To learn how to fill outa Soleau envelope, consult our dedicated FAQ!
3 – Impossibility of transfer of rights
As the Soleau envelope does not constitute an industrial property title, it cannot be transferred under any circumstances. A Soleau envelope deposited for documents relating to an invention in the name of a start-up manager cannot be transferred if the company is resold. Unlike a patent, it does not form part of the company’s assets. Its value is not affected.
Read more: Patents: the key to fund-raising!
A Soleau envelope is ideal for creating proof of a creation. An inventor will use this procedure to protect working documents, or any other useful information. It is relevant for data that you wish to keep confidential in the context of partnerships. For an intellectual work, the Soleau envelope is an interesting way of protecting your intellectual property. However, it is not as advantageous as a patent.
To choose the procedure best suited to your needs, in both the short and long term, consult your industrial property attorney!
