Frequently Asked Questions

Question 1

How does a defensive publication help preserve my freedom to operate?

Accepted Answer

In contrast to a patent application, a defensive publication is a strategic disclosure of an innovation to the public domain. By publishing the details of your idea, you prevent others from patenting the same invention. This means your disclosure becomes prior art, which can be cited by patent offices worldwide to reject later-filed patent applications on the same or similar subject matter.

Question 2

What are the risks of publishing an invention?

Accepted Answer

Publishing your idea, invention, or innovation makes it publicly accessible, meaning that competitors or third parties can use it – provided they are aware of it. Once disclosed, you can no longer file a patent for the same idea, but the same restriction also applies to others.

Importantly, any legally secure internet disclosure can be cited as prior art against future patent applications, as well as in opposition or invalidation proceedings against granted patents.

If you choose not to file a patent – whether for financial or strategic reasons – an internet disclosure poses no legal risk or disadvantage. On the contrary, it offers significant benefits by preserving your innovation from being patented by others.

Question 3

Can I publish my invention on my own website?

Accepted Answer

Technically, yes – but legally it's complex. For a disclosure to be considered valid, it must meet strict requirements: (1) permanent discoverability via search engines (SEO), (2) a certified timestamp with Long-Term Validation (LTV), and (3) verifiable proof that it has remained accessible since publication. Without a robust process to meet and prove these conditions, your disclosure might not hold up in court. That's why using a specialized platform like Proofbox is strongly recommended.

Question 4

Can an online disclosure serve as legal proof of the publication of an idea?

Accepted Answer

Yes – but only if it meets specific legal standards. These include: (1) permanent discoverability through search engines (SEO), (2) a certified timestamp with Long-Term Validation (LTV) issued by an accredited provider, and (3) continuous proof that the publication has remained accessible since its release. These are the minimum requirements for an online disclosure to be legally valid and to qualify as prior art from the date of publication.

Question 5

Does publishing my invention automatically protect it?

Accepted Answer

No, online disclosure is not a substitute for patent protection. It does not grant you exclusive rights like a patent would. However, publishing on Proofbox prevents others from patenting your idea, as it becomes part of the prior art. In terms of Freedom to Operate (FTO), the effect is similar to filing a patent: others cannot claim rights to your disclosed invention. You won't be able to sue for infringement, but you can effectively block others from obtaining a patent. With Proofbox, you receive a certified, legally robust record proving that the idea originated from you at the time of publication — often with stronger evidentiary weight than a pending patent.

Question 6

How long will my online disclosure remain available in the Proofbox archive?

Accepted Answer

Each disclosure published on Proofbox remains publicly accessible, searchable, and downloadable in the archive for three years from the date of upload. Before the three-year period ends, you'll receive an email notification informing you of the upcoming removal. You will then have the opportunity to download the digitally signed document, ensuring that you retain certified proof of the publication date even after it is no longer listed in the archive.

Question 7

What makes a Proofbox disclosure legally verifiable?

Accepted Answer

Every disclosure on Proofbox receives a certified timestamp with Long-Term Validation (LTV) from an accredited trust service provider. In addition, each publication is continuously indexed for search engine discoverability and remains publicly available for three years. These measures ensure that your disclosure meets legal standards for validity as prior art.

Question 8

What makes Proofbox different from simply uploading a PDF to my own website or a public repository?

Accepted Answer

Unlike standard websites or public repositories, Proofbox is specifically designed to meet all legal requirements for a valid defensive publication. In addition to providing a certified timestamp with Long-Term Validation (LTV) and ensuring public availability, Proofbox continuously verifies and documents the discoverability of your disclosure over time. This recurring verification is essential in legal proceedings and represents a unique feature of our platform — ensuring that your idea can be proven to have been publicly accessible from the exact date of publication, without interruption.

Question 9

What does Online-Only Disclosure mean?

Accepted Answer

This means that defensive publications on Proofbox are made available exclusively as internet disclosures and thus become part of the state of the art. Proofbox and its archive are not connected to any external databases such as WIPO or public libraries where disclosures are made fully accessible. Our technology ensures that every disclosure in our archive is legally recognized worldwide as prior art—without requiring any external linkage.

Question 10

What payment methods does Proofbox accept?

Accepted Answer

Proofbox accepts all common payment methods, such as credit cards and PayPal. However, it is not possible to purchase the upload of a disclosure or the download of a publication by invoice. After purchasing an upload or download using the available payment methods, an invoice can be generated and downloaded from your user dashboard for each transaction.

Question 11

Can I delete my account?

Accepted Answer

Yes, you can delete your account at any time. After deletion, your published disclosures will remain publicly available in the archive until their scheduled expiration date. However, you will no longer have access to your dashboard, which means you will lose access to both your own disclosures and any third-party publications you previously purchased. Deleted accounts cannot be restored, so any purchased content will be lost unless you have saved it offline beforehand.

Question 12

Can I transfer my account to someone else?

Accepted Answer

Yes, transferring your account to another person is possible. You can update your billing information, saved payment methods, and account settings directly in your dashboard. You can also change the email address used for login. This allows you to transfer your account manually. Proofbox does not offer a separate service to handle account transfers.

Question 13

Can I transfer my disclosures to another account?

Accepted Answer

No, your disclosures cannot be transferred to another account. However, you may transfer the entire account to another person, or create an additional account using a different email address. Please note that only one account can be created per email address.

Legal matters and info

Transparency meets clarity. Explore the essential terms and policies that define and protect your experience on our platform.

Frequently Asked Questions

Questions about defensive publishing

Specific questions concerning disclosure via Proofbox

General questions about the platform