What is the Idea Envelope?
The “Idea Envelope” service is a way by which documents filed by creators, natural persons and legal entities, are safely stored and kept by OSIM, under non-public regime, which documents may include works and creations from the most diverse fields that cannot be protected by the industrial property legislation in force or by copyright and related rights legislation, in order to certify the filing date, according to OSIM Order no. 63/2008.
The "Idea Envelope" shall be filed with OSIM, either personally or by mail, by the creator.
Effects arising from the storage of the "Idea Envelope"
- it can be used as the proof of the date on which the author of the intellectual creation filed the document with OSIM;
- it can be used to certify the existence of the solution or creation in the envelope, at a certain date.
The "Idea Envelope" does not constitute an intellectual property title and does not confer exclusive rights.
Categories of documents that can be stored in a certified non-public regime
- non-patentable creations such as those mentioned in art. 8 of the Patent Law no. 64/1991, as republished in the Official Gazette No 541/2007;
- works in the technical and scientific fields, such as: technical creations, technical norms, technologies, discoveries, theories, studies, instructions for use, etc.
The following cannot be the subject of a deposit: technical solutions or other creations that are contrary to public order or morality, or to professional ethics and those harmful to the health and life of persons, animals or plants and which are likely to cause serious harm to the environment, samples of prohibited substances and documents containing classified or classifiable documents.
Formal requirements for the works
The works shall be presented on writing paper, photographic paper, velvet paper, tracing paper or thin cardboard, up to 10 sheets in A4 format or in multiples of A4 size, but folded in A5 format and they may be written on both sides.
If, upon receipt, it is found that the "Idea Envelope" is open or contains three-dimensional objects, it will be returned to the depositor without registration.
Description of the envelope and how to use it
The "Idea Envelope" consists of two identical compartments, in A5 format, joined on the long side and provided with self-adhesive closing flaps. The work, in duplicate, shall be inserted in the compartments, after which the closing flaps are glued.
The boxes on the front of the envelope shall be legibly filled in with the name, surname and full address of the depositor as well as the title of the work to be filed.
The compartments shall be folded on top of each other and then the third self-adhesive flap is glued, so as to keep them overlapped.
Purchase of the "Idea Envelope"
The envelope can be obtained for the amount of 150 lei from the OSIM Cashier's Office or from the headquarters of the Regional Centers for Promoting Industrial Property Protection.
Filing of the „Idea Envelope” to OSIM
Appropriate stamps should be affixed to both compartments, after which the envelope can be delivered to a post office.
The envelope can also be filed directly with OSIM, in which case no postage stamps are required.
Registration of the „Idea Envelope”
The "Idea Envelope" shall be received by the "Registration Bureau" of OSIM where, after verification, it shall be registered on the same day, by entering the identification data in the "Register of non-public documents".
The two overlapping compartments of the "Idea Envelope" shall be separated to obtain an envelope marked with the mention "To be kept with OSIM" and an envelope marked with the mention "To be returned to the depositor". Before separation, the OSIM stamp is applied to both envelopes in a single print, to certify that the two envelopes were part of the same "Idea Envelope". The date of receipt at OSIM and the current number from the "Register of non-public documents" shall be printed on each envelope.
The envelope intended for the depositor shall be delivered immediately to him or sent to him by post, as the case may be, and the envelope intended for storage shall be deposited with OSIM.
The duration of the deposit
The storage period of an “Idea Envelope” is 5 years from the date of registration with OSIM and can be extended by another 5 years provided that a fee for the extension of the storage period in the amount of 100 lei is paid.
Withdrawal of the envelope deposited at OSIM
The depositor of the “Idea Envelope” may request, personally and in writing, directly to OSIM, at any time during the deposit period, the return of the deposited envelope by presenting his / her identity document.
The envelope can also be withdrawn by a person authorized by the depositor or by his successor, by presenting a notarized power of attorney or an inheritance certificate.
If the envelope kept at OSIM is used as evidence, it may be sent to the Courts, upon request.
Destroying the envelope kept at OSIM
If within 3 months after the end of the first 5-year storage period, the depositor has not requested its withdrawal or has not paid the fee for the second storage period, the envelope shall be considered as abandoned and OSIM shall destroy it.
If within 3 months after the end of the 10-year storage period, the depositor has not requested its withdrawal, the envelope shall be considered as abandoned and OSIM shall destroy it.
Order no. 121 / 30.12.2008 concerning the financial settlement regarding the "Idea Envelope” Ideas" service.
Order of the Director General of OSIM for the approval of the Instructions regarding the establishment of the “Idea envelope” service, published in the Official Gazette, Part I no.527 of 14.07.2008
For further information please call us directly by phone 0372 825 985 or through the switchboard 021 / 306.08.00.