EPO Updates: Guidance on the Acceptance of Electronic Signatures

The European Patent Office (“EPO”) confirmed in a Notice published on 29 February 2024 that from 1 April 2024, it will accept a broader range of electronic signatures on documents, including contracts evidencing patent assignments and licences.

According to the Notice, acceptable signatures now include:

• handwritten “wet ink” signatures;
• text string signatures (i.e., those typed between two forward slashes)
• facsimile signatures (i.e., electronic reproductions of a signature);
• electronic signatures that use Public Key Infrastructure (PKI) technology (such as advanced and qualified signatures within the meaning of the EU’s eIDAS Regulation);
• other digital signatures without PKI technology, provided the documents are submitted electronically, are legible, and not infected with any virus or malicious software.

The EPO has also simplified its practice regarding an individual’s entitlement to sign. The EPO will no longer routinely check this, provided the position of the authorised signatory (e.g., a director) is expressly indicated in the document.

The authenticity of the actual signature, too, will not be routinely examined by the EPO. Instead, if doubts arise, the EPO reserves the right to require clarification and request further evidence. 

Comment

This latest development is, of course, welcomed; it supports digital transformation, simplifies the process for recording transactions (particularly for clients that use popular e-signing platforms such as DocuSign and need to collate signatures internationally), and brings the EPO in line with many major IP Offices that are already accepting both wet-ink signatures and e-signatures.

For patent attorneys and legal practitioners, it also provides some much-needed clarity on the acceptance of e-signatures by the EPO, which the Office had been grappling with for some time - having initially permitted certain e-signatures before seemingly reversing its position on their acceptability in Autumn 2023.  

However, in practical terms, it is worth remembering that not all IP Offices around the world are accepting of e-signatures, even if the EPO now is.

As such, even though many prefer e-signatures for efficiency, their appropriateness still needs to be considered on a case-by-case basis. For example, to ensure the acceptance of documents by most local IP Offices, a traditional “wet ink” signature may still be preferred on documents like assignments, particularly if a transfer of patent rights needs to be evidenced and recorded at several IP Offices around the world.    

Also, remember that the acceptance of e-signatures and simplification of some of the processes by the EPO does not guarantee the legal validity of the underlying assignment or licence itself. Local laws still need to be complied with to ensure the effectiveness of the transaction outlined in the relevant document, and signatures – whether wet-ink or electronic – need to be properly obtained from those with the relevant authority.

If you have any questions or would like to contact our Patent or Legal department, please contact us at mail@stratagemipm.co.uk.