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While most responses to the Circular supported the introduction of a new definition in the Administrative Instructions, some Member States questioned the practical necessity of introducing a new definition as summarized in 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 the paper documentdocuments.
  • There is no objection to support 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 force 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 seldomly receive documents on paper which requires require multiple signatures.
  • Some offices, under its 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" (please view: discussion point 2.).
  • A An office showed expressed concerns about the specific language that is being proposed (Please view: 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 individuals applicants who sign their applications themselves.

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Signature on Paper Documents

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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 hear the frank views as to whether or not 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 practicepractices

Offices and NGOs are invited to provide comments on this page.  Contributions in answering the following two questions would be appreciated.

-Does your Office encounter any practical needs of 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, other than "a handwritten ink signature", for paper submission either under the national procedure or the PCT procedure?