How to Sign Patent Documents. Episode 99

Yes, a Whole Episode on Signatures

I know what you’re thinking. There’s no way that Adam is doing an entire episode about how to sign patent documents. Oh, there’s a way—and I’m doing it. Next, you’re probably thinking this episode can be at most 15 seconds long.

Take a pen, sign on the line, scan the document, and file it with the Patent Office. Okay, that was probably about 5 seconds—and you’d think the episode would be over. But guess what? You’re in for a treat, because there’s so much more!

The Basic Method

The easy way—depending on how you define “easy”—is to do exactly what I just said. If there’s a form you need to sign, you print it out, sign on the signature line, scan it, and upload it to the Patent Office website.

What Is an S-Signature?

Several years ago, the Patent Office decided it didn’t need wet signatures (handwritten signatures) anymore. It now accepts typed-in signatures, called S-signatures.

This is where the problems come in, because I think some examiners truly get joy from rejecting documents for technical reasons that might seem stupid.

An S-signature sounds simple: you type your name between two forward slashes. So you do a forward slash, your name, and then another forward slash. /Your Name/ . That’s considered your signature. Then, below that, you type your name without slashes.

Why It Feels a Little Silly

I think it’s kind of silly that this is allowed, because the whole point of a signature is to have something unique to the person signing. If someone types my name between two slashes and submits a document, and I say, “I didn’t submit that,” what’s the Patent Office going to say? “Well, is this your name between two slashes?” I’d have to say yes, but that proves nothing except that someone with a keyboard typed my name. Still, the Patent Office accepts it.

Stick to the Basics—No Creativity

If everyone just used the S-signature the simple way I described, we’d all be fine. But people try to get creative and fun. Don’t do that. Just be boring and follow the rules.

The good news is that if you deviate slightly, the Patent Office will still accept it—sometimes.

Where to Look Up S-Signature Rules

If you Google “S-signature rule examples,” the first result is usually a PDF from the Patent Office. Check that out. I’m only going to go over some of the proper and improper examples for inventors and applicants—not for patent attorneys. Patent attorneys should really know how to do this on their own.

The federal regulation that governs S-signature rules is 37 CFR § 1.4(d)(2).

Real Examples: A Pop Quiz

The PDF includes 13 examples, and it says whether each is proper or improper. Let’s go through a few as a pop quiz. If something is “not allowed,” the Patent Office treats it like it was never signed at all—and you’ll likely have to redo it. That’s a big deal if you’re up against a filing deadline.

So here we go:

What if there’s a space after the first slash or before the second slash? Example: / Your Name /

Allowed.

What if you use a script font as your signature, with no slashes?

Not allowed.

What if you use a script font and include the slashes?

Allowed.

What if you accidentally type your printed name above or beside your S-signature instead of below it?

Allowed.

What if you misspell your name with a typo in either the typed name or the S-signature so they don’t match? Example: /Yor Name/

Allowed. (Yes, really—typos are okay. The examiner might note it, but the document will be accepted.)

What if you put two slashes before or after your printed name instead of one?

Example: //Your Name//

Not allowed.

What if you enter the S-signature but forget to type your printed name underneath?

Not allowed. You need both the slashed name and the name without slashes.

What if you include a smiley face, graphic symbol, or exclamation point in your name?

Not allowed.

What if you include a punctuation mark like a middle initial with a period? /Your A. Name/

Allowed.

More Tricky Situations

What if you handwrite your signature and also add slashes?

Allowed.

What if you handwrite your signature and include two slashes before or after?

Allowed. (Surprisingly, this is okay for handwritten signatures even though it’s not okay for typed ones.)

Patent attorneys have their own rules, such as where to put their registration number in the slashes. So some formats that are okay for inventors might be not okay for attorneys.

Can Your Attorney Sign for You?

If it’s so easy to type your name between two slashes, why can’t your attorney just do it for you?

Basically, it’s against Patent Office guidelines for anyone but the signer to type it in. The only exception is if the person physically can’t type, like if they don’t have hands. In that case, someone else can type it for them—but only if the person is present and approves the submission.

Now, I’m sure attorneys do this for clients all the time, because how would anyone know? Still, it’s technically against the rules. The Patent Office could request documentation proving that the real person actually typed the signature. That’s rare, but it’s possible. And attorneys can be disciplined for typing an S-signature on someone else’s behalf.

When the Patent Office Requires a Real (Wet) Signature

Think you’re done with signature talk? Not yet! There are a few situations where the Patent Office does not accept S-signatures.

One situation is when a patent attorney has to sign something related to enrollment at the Patent Office or disciplinary hearings—only a real signature is accepted. But that doesn’t apply to most of you.

Another scenario is if you are faxing a credit card payment to the Patent Office. You must use an original signature on the credit card form. You can pay online without a signature, but faxed forms require a real one.

The last one you might encounter is if you are submitting a certified document where a statute says it must be certified. In that case, you need an original signature. A photocopy or fax with a signature won’t be accepted. This usually happens if you’re required to submit a foreign patent application that you filed before your U.S. application.

Final Advice on Signing

Believe it or not, I didn’t even go over all the signature rules. But if you follow these two guidelines, you should be fine:

1. Handwrite your signature and print your name below it, or

2. Type your name between two forward slashes, then type your name below it without slashes.

Follow that, and everything should be good.

I’m Adam Diament, and until next time, keep on inventing.