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Some Offices requested further discussions on the proposed types of signatures, and emphasized the importance of more detailed descriptions of these signatures.

Concerns:

  • Some Offices raised the absence of clarification as to the meaning of each type of "signature" proposed and execution method, and requested more detailed explanations and definitions.
    • For example, with regard to the concept of "printed signature" and "typed signature", a “printed signature” can be

•       Although the Trademark and Design Directorate of DPMA has not made any negative experiences with the similar flexibilities in the definitions of signatures on paper documents contained in the AIs under the Madrid and the Hague, as the proposed amendment relates to paper submissions, the DPMA doubt the practical significance of this proposal in light of an increasing number of electronic filings (DE).

•       The Patent and Utility Models questions the need for such new provision, since most applications filed on paper at the DPMA are filed by individuals applicants who sign their applications themselves (DE).

•       KIPO thinks further discussions over the printed signature and the typed signature are needed for the following reasons.

1. The meanings and execution methods are not clear.

2. It is difficult to determine whether a signature is authentic or not.

3. The papers with those signatures may be exploited by third parties.

4. Their contents are not limited.

•       As Russian Receiving Office, Rospatent believes that a more detailed description of these notions should be given, as well as how such a signature is created. This will allow the applicants better understand the meaning of the newly introduced notions and avoid misunderstandings in the filing of paper documents. The concepts of “printed signature” and “typed signature” are of particular interest.

...

    • an image of a person’s signature received either in electronic form (inserted as a picture) or placed on documents using printing plates that reproduce the person’s handwritten signature, while a “typed signature”

...

    • can be a signature entered from a keyboard

...

  • An office requested explanations on how to determine whether a signature is authentic or not.
  • An office raised the danger of new types of signature being exploited by third parties.

Views of the International Bureau:

The requirement of "a handwritten ink signature" for paper documents has always existed in the PCT System, and its meaning appears to be have been clear to all parties concerned.  Definitions of new types of signatures should ideally be understood and executed in the same way by all parties concerned.  Thus, the International Bureau considers that it would be optimal to reach a shared understanding with one clear definition of each type of signature that will be applied by any all Offices and International Authorities during the International Phases of the PCT as a formality requirement.

Offices and NGOs are welcome to provide comments on this page, and encouraged to contribute, in particular, by providing answers to the following questions by February 28, 2022: 

-Does your national law contain any definition of "printed", "typed" or "stamped" signatures?

-How would you propose to define "printed", "typed" and "stamped" signatures?

Attachments

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Signature on Paper Documents

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