While most responses to the Circular supported the introduction of a new definition in the Administrative Instructions, some responses questioned the practical necessity of introducing a new definition as summarized below.

Support/Agree:

  • As the option of submitting applications on paper still continues, introducing into the Administrative Instructions a more detailed definition of what is understood by the term "signature" seems appropriate and gives greater flexibility to applicants.
  • Work from home under the pandemic requires more flexibility for signing paper documents.
  • There is no objection to this proposal, since the modification is foreseen for the processing of the international phase, in addition to the fact that it will be similar to the provisions in the Administrative Instructions for the Application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks ("Madrid Protocol Administrative Instructions") and the Administrative Instructions for the Application of the Hague Agreement ("Hague Agreement Administrative Instructions").

Reservations:

  • Some Offices very seldom receive documents on paper which require multiple signatures.
  • Some Offices, under their national law, require that the signature on documents submitted on paper must be autographed, and therefore, signatures in any other form are not allowed during the national phase.  The proposed amendment can be supported, as long as it refers to the international phase procedure.
  • Some Offices requested more clear definitions on the each type of "signature" (see discussion point 2.).
  • An Office expressed concerns about the specific language that is being proposed (see discussion point 3.).

Doubt:

  • An Office expressed doubt about the practical significance of this proposal in light of an increasing number of electronic filings.  Most applications filed on paper at this Office are filed by individual applicants who sign their applications themselves.

Section Index

Signature on Paper Documents

Views of the International Bureau:

The International Bureau recognizes that, in theory, providing a more flexible solution for the signing of paper documents would be particularly helpful in case where paper documents are required to be signed by multiple parties.  At the same time, the International Bureau would like to know whether the Offices and NGOs find that there is sufficient practical need for broadening of the definition and how this issue is dealt with under their respective national practices. 

Offices and NGOs are invited to provide comments on this page.  Contributions in answering the following two questions would be appreciated by February 28, 2022:

-Does your Office see any practical need for broadening the types of signature, in addition to "a handwritten ink signature", for paper submission during the PCT International Phase?  Yes/No.  Please explain.

-Does your Office currently accept any other types of signature for paper submissions, other than "a handwritten ink signature", either under national procedures or under the PCT?  If so, please indicate the other types of signature your Office accepts.

  File Modified
Microsoft Word Document Practical Necessity - UKIPO response (1).docx Feb 15, 2022 by Andrew Bushell
Microsoft Word Document Practical Necessity Response- Intellectual Property Owners Association.docx Feb 28, 2022 by Thomas VALENTE
Microsoft Word Document Practical Necessity Questions - KIPO response.docx Feb 16, 2022 by Dana LEE
Microsoft Word Document Practical Necessity - HIPO answers.docx Mar 07, 2022 by Katalin Miklo
Microsoft Word Document Practical Necessity - EPO response.docx Feb 28, 2022 by Vera Marita BURIÁNEK
Microsoft Word Document Practical Necessity - CIPO response.docx Mar 02, 2022 by Andrew DAVIDSON
Microsoft Word Document ES Practical Necessity.docx Feb 28, 2022 by Isabel Seriñá

  • No labels

1 Comment

  1. Kaori Kojima

    Dear all,

    -Does your Office see any practical need for broadening the types of signature, in addition to "a handwritten ink signature", for paper submission during the PCT International Phase?  Yes/No.  Please explain.

    The Japan Patent Office appreciates the IB to set up the wiki forum for the discussion. The JPO’s answer to this question is of course “YES” as we are the one who brought the issue up.

    In Japan, seals are often used in official documents rather than signing documents, and Japanese IP-related laws and regulations had also required seals of applicants for domestic procedures. As for PCT applications filed with RO/JP and its subsequent procedures in the international phase, the JPO had not allowed signatures for PCT applications filed in Japanese and alternatively required “seals” under PCT Rule 2.3.

    However, after the pandemic began, the use of seals has imposed administrative burden on the applicants as they have been forced to physically be in the office just for the sake of stamping it.  The JPO therefore reviewed procedures of domestic applications which requires seals in light of difficulties brought on by the pandemic and decided to abolish nearly all requirements at the end of 2020.

    In response to this, RO/JP also decided to relax the requirements and has started to accept signatures as well as seals in order to reduce the administrative burden and improve services. However, it is not explicit which types of signatures are allowed under the current PCT rules and AIs, which do not provide a definition of "signature" in paper documents. According to the IB, it has generally been understood that signatures for paper submissions under the PCT system must be handwritten ink signatures, which the JPO doesn’t think is appropriate given the pandemic situation as accepting only handwritten signatures does not give applicants a chance to allow for more remote work in this climate.

    Therefore, to provide a more flexible solution for the signing of paper documents, the JPO has suggested the introduction into the PCT system of a broader definition of what constitutes a signature taking into account the Madrid and the Hague allow a wider range of signatures.

    -Does your Office currently accept any other types of signature for paper submissions, other than "a handwritten ink signature", either under national procedures or under the PCT?  If so, please indicate the other types of signature your Office accepts.

    For domestic applications, the JPO requires neither seals nor signatures for most of procedures after the system review based on the pandemic.

    For PCT applications (in the international phase), the JPO accepts “printed” and “stamped” signatures.


    KOJIMA Kaori (JPO)