[Patentpractice] e-signatures using document-signing software

[David Boundy]

Yup, the rule and comments mean what they say.  For oath/declaration and
for Rule 131/132 declarations, "reasonable basis to believe" between your
ears is good enough for PTO purposes.   If the affiant might repudiate
sometime in the future, be sure to save the validation somewhere.

ASSIGNMENTS are a whole different thing.  Please get your assignments
notarized.  Docusign doesn't cut it.

On Tue, Dec 31, 2024, 6:43 PM Umair A. Qadeer via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Hi all,
>
>
>
> I hope everyone had a joyous and restful holiday. I am hoping to tap into
> the wisdom of the hive mind regarding e-signatures.
>
>
>
> I will be submitting several Rule 132 declarations with an Office Action
> response. These declarations are from third parties, and I’m trying to be
> respectful of their time. I’ve had issues in the past with S-signatures not
> appearing correctly on documents or individuals forgetting to include one
> or both forward slashes, which has required getting signatures multiple
> times. Thus I am getting e-signatures via Adobe Sign instead of
> S-signatures.
>
>
>
> New Rule 1.4(d)(4) allows the use of electronic signatures obtained via
> third-party document-signing software for patent submissions to the USPTO.
> *See* 37 C.F.R. § 1.4(d)(4). Rule 1.4(d)(5)(ii) requires retaining
> evidence of authenticity: “[a] person submitting a document signed by
> another under paragraph (d)(2), (3), or (4) is obligated to have a
> reasonable basis to believe that the person whose signature is present on
> the document was actually inserted by that person, and should retain
> evidence of authenticity of the signature.” 37 C.F.R. § 1.4(d)(5)(ii).
>
>
>
> The *Federal Register *notice explains that the software must “preserve
> signature data for later inspection in the form of a digital certificate,
> token, or audit trail” and meet the other signature requirements. Signature
> Requirements Related to Acceptance of Electronic Signatures for Patent
> Correspondence, 89 Fed. Reg. 20321 (March 22, 2024),
> https://www.federalregister.gov/documents/2024/03/22/2024-06126/signature-requirements-related-to-acceptance-of-electronic-signatures-for-patent-correspondence.
> The notice further states that “USPTO personnel retain the discretion to
> inquire about the acceptability of a signature on a submission or require
> ratification, confirmation, or evidence of authenticity of such signature,
> where the USPTO has reasonable doubt as to the authenticity (veracity) of
> the signature.” *Id.*
>
>
>
> Adobe Sign generates a verification page that includes the e-mail address
> of the signatory. Based on the above, it seems that it is unnecessary to
> actually submit the verification page, and a printed PDF of the document
> sans verification page will suffice. However, this isn’t clearly stated in
> the rule or the notice, so I thought I’d inquire to see if anyone
> understands the requirement differently or otherwise submits the
> verification page for e-signed documents.
>
>
>
> Happy new year to all!
>
>
> Best,
>
> Umair
>
>
>
> -----
>
> Umair A. Qadeer
>
> Registered Patent Attorney
>
> Qadeer LLC
>
> 312.248.3020
>
> umair at qadeerip.com
>
> www.qadeerip.com
>
>
>
>
>
> CONFIDENTIALITY NOTICE: This e-mail, and any attachments thereto, is
> intended only for the designated recipient. It may contain legally
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> Umair A. Qadeer, by e-mail at umair at qadeerip.com or by telephone at (312)
> 248-3020.
>
>
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