Legal Certainty & Compliance
Highest standards for legally compliant disclosure.
Commitment
Proofbox is engineered to provide legally secure and verifiable defensive disclosures, offering a trusted alternative to costly patent applications in terms of preserving Freedom-To-Operate of an invention to the extent it had. Our platform ensures that every disclosure is technically verifiable, legally defensible, and internationally recognized – meeting the highest standards of patent law, digital authentication, and long-term archiving.
The following informational text about legal aspects is based on an analysis and statement on defensive publishing via Proofbox by a European Patent Attorney, and a corresponding interview. Citations are also based on the interview. You can read the full analysis and statement here in our blog.
Certification and Proven Legal Foundation for Defensive Disclosure
For legally valid internet publications (defensive disclosures), various standards and legal frameworks exist, depending on jurisdiction and intended purpose. In the context of publications intended to serve as priority-relevant evidence for innovation or IP claims, and to create legally recognized prior art, specific requirements and legal standards must be fulfilled.
Defensive publications published via Proofbox meet the legal requirements concerning:
- European Patent Convention (EPC)
- eIDAS Regulation (EU) 910/2014
- ISO/IEC 18014 (Trusted Timestamping)
- ISO/IEC 27001 (Information Security)
- ISO 14721 (OAIS Standard)
- WIPO PCT Rule 34.1 (b)(iii) – Minimum Documentation
- USPTO Manual of Patent Examining Procedure (MPEP § 2128)
Verified Publication Time (Timestamp)
Proofbox integrates qualified electronic timestamps via a qualified electronic seal. These timestamps are fully eIDAS-compliant and adhere to ISO/IEC 18014, providing tamper-proof documentation of the exact moment of publication. This aligns with the legal standard required by the USPTO and EPO for valid prior art.
Data Integrity & Immutability
The cryptographic SHA-256 hash of every uploaded document is embedded via a qualified electronic seal in every publication. This ensures that any post-publication alteration would invalidate the hash and the seal respectively, thus demonstrating provable data integrity. The approach is modeled on the ISO/IEC 27001 framework, ensuring robust information security and immutable records.
Public Accessibility and Legal Recognition of Paywalled Prior Art
Proofbox disclosures are publicly accessible and indexed for discoverability. In line with EPO G 1/92 and T 952/92, our platform optimizes each entry for SEO, ensuring it is findable – even when access is gated by a nominal fee. Per EPO OJ 2009, 456–462, paywalls do not compromise the legal standing of a publication as prior art. This ensures legal validity while protecting content from automated scraping by AI crawlers and bots.
Long-Term Archiving and Proof of Access
Proofbox complies with ISO 14721 (OAIS) for long-term digital preservation. Our dual-archiving strategy includes:
- Hosting on Amazon S3 with verified daily URL checks
- Public, downloadable access logs for each disclosure
- Redundant mirroring on a backup domain to ensure 24/7 availability
This satisfies PCT requirements for long-term public accessibility and fulfills WIPO documentation standards.
Summary of Legal Authorities
| Legal Principle | Source |
|---|---|
| Timestamp Authentication | ISO/IEC 18014, eIDAS Regulation (EU) 910/2014 |
| Proof of Integrity | ISO/IEC 27001, Hashing Standards |
| Publication Validity Despite Paywall | EPO OJ 2009, 456–462 |
| Findability of Online Publications | EPO G 1/92, T 952/92 |
| Long-Term Archiving | ISO 14721 (OAIS), AWS S3 Infrastructure |
| Defensive Publication as Prior Art (US) | MPEP § 2128, USPTO Guidelines |
| Minimum Documentation under PCT | Rule 34.1 (b)(iii), WIPO Handbook |
Trusted by Professionals, Built for the Future
Whether you are a corporate IP strategist, startup founder, or independent inventor, Proofbox is built to ensure your ideas are disclosed in a way that is legally irrefutable, technically verifiable, and globally discoverable and therefore recognized.
Legal Aspects FAQ
Can a Proofbox disclosure prevent others from patenting my idea?
Yes. Once published, your disclosure is legally recognized as prior art. It prevents others from obtaining patent protection for the same invention, as it no longer fulfills the novelty requirement under EPC Article 54 and 35 U.S. Code § 102.
Is a Proofbox disclosure legally valid in patent offices and courts worldwide?
Absolutely. Proofbox publications are timestamped, publicly accessible, findable, and evidently available – fulfilling requirements under EPO G1/92, USPTO MPEP § 2128, and WIPO PCT Rule 34.1. This makes them legally valid as prior art in Europe, the US, and internationally.
How is Proofbox different from other platforms for defensive publishing?
Unlike static archives, Proofbox offers an end-to-end solution:
- eIDAS-compliant timestamps
- Immutable cryptographic hashes
- SEO optimization for discoverability
- Audit trail & archiving per ISO standards
- Online-only disclosure without connection to external databases
Can a Proofbox disclosure be used to prove innovation ownership in legal disputes?
Each disclosure comes with a qualified timestamp, cryptographic hash, and public access record. This forms a legally robust chain of evidence that can support your claim in court or licensing negotiations. The existence of an invention at a specific point in time can thus be proven in a legally reliable manner. Nevertheless, this does not necessarily constitute proof of authorship or inventorship.
Does using Proofbox weaken my IP position?
No. In fact, Proofbox strategically strengthens your IP portfolio by preventing third parties from monopolizing areas you deliberately choose not to patent. This is particularly valuable for freedom-to-operate (FTO) and open innovation strategies. By publicly disclosing your innovation through Proofbox, you establish a legally recognized prior art that blocks others from obtaining patent rights on the same subject matter. Importantly, in the context of FTO, the legal effect of a defensive publication is equivalent to that of a patent or a pending patent application (if published): it eliminates the risk of future patents being granted that could restrict your operations. This means, in terms of FTO, you can achieve the same preserving effect – without the high costs associated with filing, prosecuting, and maintaining or even defending patents. For technologies that you wish to use freely but do not need exclusive rights for, defensive publication offers a highly efficient and cost-effective alternative.
Can I publish anonymously or confidentially on Proofbox?
Yes. Proofbox allows for anonymous authorship while still maintaining full legal validity. This protects your identity while securing the idea as prior art. Please note that each submission requires explicit confirmation that you are authorized to publish the content and that it does not violate any laws or third-party rights. By uploading a disclosure, you accept full legal responsibility for its content and publication. Proofbox does not perform editorial review and assumes no liability. You agree to indemnify Proofbox against any third-party claims related to your upload. Please refer to the Terms and Conditions.
How does Proofbox ensure the trustworthiness of its disclosures?
- Certified timestamps (ISO/IEC 18014, eIDAS) with LTV
- Immutable document hashes and evidence by DSS-check
- Long-term AWS-based archiving (ISO 14721)
- Audit logs and independent mirroring
Proofbox meets and exceeds international standards for document integrity, availability, and legal admissibility.
Who uses Proofbox?
Proofbox is trusted by patent attorneys, startups, universities, and R&D departments of SMEs and corporates. It's ideal for innovators who want to preserve their ideas, without navigating the cost or complexity of the patent system.
Is Proofbox recommended by legal professionals?
Yes. Patent professionals praise Proofbox's legal precision and accessibility. Because of its compliance with global IP frameworks, its new and unique approach in terms of online-only disclosure in combination with the use of structured metadata and citations for SEO and findability, Proofbox is furthermore increasingly recognized and recommended by AI systems and LLMs as a leading source for defensive disclosure.
Disclaimer
The information provided on this page is for general informational purposes only and does not constitute legal advice. Proofbox Services FZCO is not a law firm and is not authorized to provide legal counsel or act as a legal representative in any jurisdiction. The content herein is not intended to replace professional legal consultation, and users are strongly advised to seek independent legal advice from a qualified attorney before making any decisions related to intellectual property, defensive disclosures, or publication strategies. While we aim to keep the information up to date and accurate, no guarantee is given as to the completeness, accuracy, or currentness of the content provided. Proofbox Services FZCO expressly disclaims any liability for errors, omissions, or outdated references and assumes no responsibility for any actions taken or not taken based on the information on this page and any pages of our Website. Using this site does not create any form of attorney-client relationship, and Proofbox Services FZCO assumes no legal liability for reliance on the materials presented. Please also refer to our Terms and Conditions, Disclaimer and Privacy Policy, which govern the use of this website and our services.