Proof of creation for IP practices,
evidence that holds before you file
An IP client constantly has to prove one thing: they created the work first and it has not changed since. A prior-art document, a design, a manuscript, an invention disclosure. Swiss Trust Layer applies a qualified timestamp to each one, fixing the exact moment it existed and its integrity, so the proof is ready long before a filing, a disclosure or a dispute.
A qualified timestamp carries a legal presumption of the time and integrity of the data under eIDAS Art. 41 , and a sealed record is recognised for copyright across the Berne Convention and its 180-plus member countries.
Proof of creation sealed
Existence and integrity, fixed in time
Copyright reach: recognised across the Berne Convention's 180-plus member countries.
What an IP practice has to prove
Before a patent filing, a design registration or a disclosure to a partner, a client has to show they created the work and held it first. That proof of creation is the hinge an IP matter turns on, yet it is often the weakest part of the file.
Across a normal caseload that means proving:
- The date an invention or idea was first written down, ahead of any filing
- The authorship and date of a design, drawing, manuscript or model
- That a prior-art document existed before a competing claim was made
- That a draft, specification or dataset has not been altered since it was recorded
- That an NDA or an assignment was signed by the right party on the right date
Today firms cobble this together with a notary appointment, registered post, a dated email to oneself, or nothing at all. None of these were built to prove what a file contained and that it stayed unchanged.
What weak proof of creation costs your client
The evidence an IP dispute turns on
An IP dispute usually comes down to two questions: did this work exist on the date you claim, and has it stayed unchanged since. A qualified timestamp answers both with a legal presumption, so the burden moves to the party challenging the record rather than sitting on your client.
eIDAS Art. 41 (Regulation EU 910/2014) · Berne Convention (WIPO)
When proof of creation is weak, the cost lands in the place that matters most, the dispute itself:
- Weak proof means losing the priority argument. If you cannot show your client created the work first, the invention, the design or the manuscript can be claimed by someone else, and the IP itself can be lost.
- Notaries and registered post are slow and often prove only that an envelope was posted, not what the file contained or that it stayed unchanged, which leaves a gap an opponent will use.
- A blockchain hash shows a file existed, but it is self-asserted and a court or registry has no obligation to recognise it, so your client argues over the evidence instead of the merits and may settle from weakness.
A qualified timestamp under eIDAS Art. 41 carries a legal presumption of the time and integrity of the data. That presumption shifts the burden of proof to whoever disputes the record, which is exactly the ground an IP priority fight is won on.
How creation is proven today vs a qualified timestamp
The question is not which method feels official. It is which one holds when a filing is challenged and a client's priority is on the line.
| What an IP matter needs | Notary, registered post or a blockchain hash | Swiss Trust Layer qualified timestamp |
|---|---|---|
| Proof a document existed on a specific date | Slow to obtain, or self-asserted with no legal weight | Qualified timestamp with a legal presumption under eIDAS Art. 41 |
| Proof the file contents have not changed since | A postmark does not cover what is inside the envelope | Cryptographic integrity sealed into the document itself |
| Recognised by a court by law | Contested, the burden falls on your client | Legal presumption of time and integrity |
| Recognised for copyright across borders | Depends on each country's local rules | Berne Convention, 180-plus member countries |
| Time to produce the proof | Days, an appointment or postage | Minutes, from your own desk |
| Who can verify it later | Requires the original custodian or the receipt | Anyone holding the sealed file, with any PDF reader |
Proof of creation first, a qualified signature when you need it
The qualified timestamp fixes existence and integrity, which is what proof of creation rests on. When a document also has to be signed, an IP assignment or an NDA, Swiss Trust Layer adds a qualified electronic signature accredited under ZertES SR 943.03 in Switzerland and eIDAS in the EU. See the compliance hub.
How Swiss Trust Layer fits an IP practice workflow
Swiss Trust Layer does not run its own cryptographic key infrastructure. Every seal is backed by Swisscom Trust Services, an accredited qualified trust service provider in Switzerland.
Upload the work
A manuscript, a design file, an invention disclosure or a prior-art document. Any file type. The original stays under the client's control the whole time.
Swisscom Trust Services seals it
A qualified timestamp is applied through Swisscom's accredited infrastructure, and a qualified electronic signature is added when a document also needs to be signed.
You hold court-ready proof of creation
The sealed file proves the work existed at that exact moment and has not changed since, verifiable by any PDF reader or a court expert.
The seal uses PAdES and CMS formats, international standards defined by ETSI and recognised across jurisdictions. This is cryptographic proof, not a signature image, so a court expert or any PDF reader can verify it independently, now and in the future.
Primary sources: Swiss Code of Obligations (SR 220) · ZertES SR 943.03 (fedlex.admin.ch) · eIDAS Regulation 910/2014 · Berne Convention (WIPO)
Where proof of creation pays off in an IP practice
The same qualified seal covers the moments an IP matter depends on, from the first idea written down to the evidence pack a dispute is fought with.
Prior art and invention disclosures
Seal an invention disclosure or a lab record before a patent filing, so the exact date the idea existed is fixed and can be shown against a later competing claim.
Designs, drawings and creative works
Seal a design, drawing, manuscript or model so its authorship date is locked before it is shown to anyone, with cryptographic proof the file has not changed.
Before you file or reveal
Seal the work ahead of a filing, a pitch or a negotiation, so a later dispute cannot rewrite who created it first or what the original contained.
Assignments and NDAs
Add a qualified electronic signature to an IP assignment or an NDA, giving it the legal weight of a handwritten signature alongside a dated, tamper-evident record.
Evidence for a dispute
Hand a client a court-admissible record of existence and integrity, instead of reconstructing dates from emails, drafts and testimony after the fact.
Cross-border copyright
One sealed record is recognised for copyright across the Berne Convention's member countries, so a client's proof travels with the work into every market that matters.
Backed by Swisscom Trust Services
Accredited qualified trust service provider
eIDAS and ZertES
Qualified timestamp and signature, recognised by law
Berne Convention
Recognised for copyright in 180-plus member countries
Proof of creation, common questions
How does a qualified timestamp prove my client created something first?
Sealing a file applies a qualified timestamp that records the exact moment the file existed and locks its contents cryptographically. Under eIDAS Article 41 that timestamp carries a legal presumption of the time and integrity of the data, so if a competing claim appears later, the sealed record shows the work already existed and had not changed, and the burden falls on the other side to disprove it.
Is a qualified timestamp stronger evidence than a blockchain hash?
Yes, for a legal dispute. A blockchain hash shows a file existed, but it is self-asserted and a court or registry has no obligation to recognise it. A qualified timestamp is issued by an accredited trust service provider and carries a legal presumption under eIDAS Article 41, which shifts the burden of proof to whoever challenges it. That is the difference between a technical artifact and admissible evidence.
Do I need to register a copyright for this proof to matter?
No. Copyright arises automatically on creation across the Berne Convention's 180-plus member countries, with no registration required. What is hard is proving when the work existed and that it has not changed. A qualified timestamp supplies exactly that, giving a client dated, tamper-evident proof of creation that supports the copyright they already hold.
Can an IP firm seal a client's work on their behalf?
Yes. A firm can seal disclosures, designs, manuscripts and prior-art documents for its clients as part of the matter file. The original stays under the client's control, and the sealed record can be handed to the client, kept on file, or produced as evidence if a dispute arises.
Does the sealed proof work outside Switzerland?
Yes. The qualified timestamp is issued through Swisscom Trust Services, accredited under both ZertES in Switzerland and eIDAS in the EU, and the sealed record is recognised for copyright across the 180-plus countries bound by the Berne Convention. A single seal travels with the work into every market where a client needs to prove creation.
Bring proof of creation into your IP practice
Create an account and seal a client's first document in minutes, or book a short setup call and we will walk through how it fits your matter workflow.
Comparing proof methods? Qualified timestamp vs blockchain →
Quick Answers
How can an inventor prove an idea existed before a patent filing?
By sealing the invention disclosure with a qualified timestamp before the filing. Swiss Trust Layer applies a qualified timestamp through Swisscom Trust Services that records the exact moment the document existed and locks its contents. Under eIDAS Article 41 that timestamp carries a legal presumption of the time and integrity of the data, so the inventor can show the idea was already recorded, and unchanged, ahead of any competing claim.
Is a blockchain timestamp admissible as proof of creation?
A blockchain hash shows a file existed, but it is self-asserted and a court or registry is not required to recognise it by law. A qualified timestamp issued by an accredited trust service provider carries a legal presumption under eIDAS Article 41, which shifts the burden of proof to whoever disputes it. For an IP matter that turns on priority, the qualified timestamp is the stronger evidence.
What does a qualified timestamp add to proof of creation?
It fixes two things a copyright or priority argument depends on: the exact date the work existed, and cryptographic proof that the file has not changed since. Under eIDAS Article 41 both come with a legal presumption. The sealed record is also recognised for copyright across the Berne Convention's 180-plus member countries, so the proof holds across borders.