US Patent and Trademark Office (USPTO) Expands Use of Electronic Signatures

The United States Patent and Trademark Office (USPTO) has updated its rules for signing patent documents, making it easier and more flexible. This new rule allows the use of third-party electronic signature software. This change, effective March 22, 2024, aligns patent signature requirements more closely with those for trademarks, aiming for consistency and simplicity.

Before this rule, electronic signatures for patent documents were limited to specific methods, either through S-signatures or graphic representations, and only if filed through the USPTO’s electronic system. Now, the new rule adds another method. You can use third-party document-signing software for electronic signatures on patent documents, regardless of how you submit them, whether electronically, by mail, fax, or in person.

This new rule not only simplifies the process for everyone involved in patent applications but also increases security. The approved third-party software must create a digital certificate, token, or audit trail to confirm the signature’s authenticity. The software also needs to mark documents as electronically signed, ideally including the signing date, which is especially helpful for those handling both patents and trademarks.

USPTO personnel will follow updated procedures to check these electronic signatures. They will ensure the software used meets the required standards and that the signatures are made by the correct person. This change aims to harmonize procedures across different intellectual property offices worldwide, making the process smoother for international stakeholders.

The new rule streamlines the signing process, enhances security, and aligns patent and trademark practices, making the USPTO's operations more efficient and user-friendly. This change reflects modern technology use and responds to the needs of patent applicants and practitioners for a more streamlined and consistent approach.