On March 22, 2024, the United State Patent and Trademark Office (USPTO) issued a Federal Register Notice updating the signature requirements for the patent correspondence (89 Fed. Reg. 20321). Specifically, the Notice updates 37 C.F.R. § 1.4 to permit handwritten signatures by design practitioners, formalize the requirements for electronic signatures using document signing software, and harmonize the signature requirements with those in trademark cases (37 C.F.R. § 2.193). These changes are effective as of March 22, 2024.

Handwritten Signatures

Handwritten signatures remain acceptable for signing correspondence addressed to the USPTO. Design patent practitioners must place “the word ‘design’ (in any format) adjacent to their handwritten signature.”

Electronic Signatures

S-signatures remain in place

As before, the use of an S-signature, denoted by typing the signature between forward slash marks (e.g., /signer/), continues to be acceptable for signing correspondence addressed to the USPTO.

Signature generated by document-signing software permissible

The rule was revised to “provide for the broader permissibility of electronic signatures using third-party document-signing software, such as DocuSign® and Acrobat® Sign.” Such software is acceptable only it meets two requirements: (1) it must be specifically designed to generate an electronic signature and retain signature data for future inspection in the form of a digital certificate, token, or audit trail; and (2) it must visibly indicate that the signature page or electronic submission form was generated or electronically signed using document-signing software. In addition, it is recommended that the software generates a date stamp when the electronic signature is applied.

As with S-signatures, electronic signatures using document-signing software must be “personally entered by the person named as the signer.” The signer’s name should be printed or typed “preferably immediately below or adjacent to the electronic signature” and must be specific enough to readily identify the signer.

If a patent practitioner enters an electronic signature using document-signing software, their registration number must be provided as part of the electronic signature or placed immediately below or adjacent to it. Similarly, if a design patent practitioner enters such an electronic signature, their status must be indicated by including the word “design” adjacent to the signature.

Additionally, the Notice indicates that the Manual of Patenting Examining Procedure will be revised to reflect these changes. The changes to the signature rule in 37 C.F.R. § 1.4 maintain the USPTO’s power to sanction for improperly signed documents, such as electronically signed documents by individuals other than the designated signer.

Impact on Practice

While the revisions are expected to have minimal effect on documents signed by patent practitioners, caution must be exercised when preparing documents for electronic signature using document-signing software. For such documents, care needs to be taken to include the signer’s name adjacent or below the field for the electronic signature. Omission of the signer’s name may lead to the USPTO rejecting the document.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.