Soleau envelope
Encyclopedia
The Soleau envelope, named after its French inventor, is a sealed envelope serving as proof of anteriority for inventions valid in France, exclusively to precisely ascertain the date of either an invention, idea or creation of a work. It can be applied for at the French National Industrial Property Institute
(INPI). The working principles were defined in the ruling of May 9, 1986, published in the Official gazette
of June 6, 1986 (Journal Officiel de la République Française
or JORF), although the institution of the "Soleau envelope" dates back to 1915.
The envelope is made up of two compartments which must, each, include the very same version of the element for which registration is sought. The INPI laser-marks some parts of the envelope for the sake of delivery date authentication and sends one of the compartments back to the original depositary who submitted the envelope.
The originators must keep their part of the envelope sealed; it should only be unsealed in case of litigation. The deposit procedure can be either made at the INPI, by airmail or in the INPI's regional subsidiaries. The envelope is kept for a period of five years, and the term can be renewed once.
Note: the envelope may not contain any hard element such as cardboard, rubber, floppy disk, leather, staple or pin. Moreover each compartment can only include up to 7 A4-size paper sheets, with a maximum of 5 millimetre (0.196850393700787 in) thickness. If the envelope is deemed inadmissible, it is sent back to the depositary at his own costs.
Also, unlike a patent
or utility model
, the depository has no exclusivity right over the deposed element. The Soleau envelope, as compared to a later patent, only allows use of the technique, rather than ownership, and multiple people might submit envelopes to support separate similar use, before a patent was granted to restrict later uses.
In case of an invention, the envelope only constitutes proof that the depository knew the invention before any patent application at the INPI or at the European Patent Office
for the French territory, and allows him to continue exploiting the invention. Personal exploitation is practically very restrictive and can't be licensed in either manner to third parties. It is only valid for French jurisdiction and intends to assert a date of creation, not to protect an invention, idea or work.
National Industrial Property Institute (France)
The National Industrial Property Institute is the national intellectual property office of France, in charge of patents, trademarks and industrial design rights. Until becoming the head of the European Patent Office, Benoît Battistelli was directeur général of the INPI...
(INPI). The working principles were defined in the ruling of May 9, 1986, published in the Official gazette
Official Gazette
The Official Gazette of Iraq has been the official source for the laws and resolutions passed by the Council of Representatives of Iraq since August 1922. Article 125 of the Constitution mandates that laws shall be published in the gazette and shall take effect on the date of their publication,...
of June 6, 1986 (Journal Officiel de la République Française
Journal Officiel de la République Française
The Journal Officiel de la République Française is the official gazette of the French Republic. It publishes the major legal official information from the national Government of France.-Publications:...
or JORF), although the institution of the "Soleau envelope" dates back to 1915.
The envelope is made up of two compartments which must, each, include the very same version of the element for which registration is sought. The INPI laser-marks some parts of the envelope for the sake of delivery date authentication and sends one of the compartments back to the original depositary who submitted the envelope.
The originators must keep their part of the envelope sealed; it should only be unsealed in case of litigation. The deposit procedure can be either made at the INPI, by airmail or in the INPI's regional subsidiaries. The envelope is kept for a period of five years, and the term can be renewed once.
Note: the envelope may not contain any hard element such as cardboard, rubber, floppy disk, leather, staple or pin. Moreover each compartment can only include up to 7 A4-size paper sheets, with a maximum of 5 millimetre (0.196850393700787 in) thickness. If the envelope is deemed inadmissible, it is sent back to the depositary at his own costs.
Also, unlike a patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
or utility model
Utility model
A utility model is an intellectual property right to protect inventions. This right is available in a number of national statutes, as described below...
, the depository has no exclusivity right over the deposed element. The Soleau envelope, as compared to a later patent, only allows use of the technique, rather than ownership, and multiple people might submit envelopes to support separate similar use, before a patent was granted to restrict later uses.
In case of an invention, the envelope only constitutes proof that the depository knew the invention before any patent application at the INPI or at the European Patent Office
European Patent Office
The European Patent Office is one of the two organs of the European Patent Organisation , the other being the Administrative Council. The EPO acts as executive body for the Organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative...
for the French territory, and allows him to continue exploiting the invention. Personal exploitation is practically very restrictive and can't be licensed in either manner to third parties. It is only valid for French jurisdiction and intends to assert a date of creation, not to protect an invention, idea or work.