Following the publication of a Notice from the EPO dated 9 February 2024, a broader range of electronic signatures are now accepted by the EPO, with effect from 1 April 2024.
In October 2023, we reported that the EPO, at that point, did not accept electronic signatures and that only wet-ink signatures should be used to execute assignment documents.
Following the publication of a Notice from the EPO dated 9 February 2024, a broader range of electronic signatures are now accepted by the EPO, with effect from 1 April 2024. Digital signatures and text string signatures (in addition to handwritten signatures and facsimile signatures) are now accepted on documents submitted as evidence to support requests for transfers of patent applications or patents. The EPO will accept digital signatures that use Public Key Infrastructure (PKI) technology. It will also accept digital signatures that do not use PKI technology, provided they are filed electronically, are legible, are not infected with a computer virus and do not contain other malicious software.
The EPO has also made a minor change concerning the examination of an individual’s entitlement to sign. Where a person is entitled to sign by virtue of their position within the legal entity, this position needs to be expressly indicated. However, the entitlement will no longer be checked by the EPO.
These changes will also apply to the registration of grants, transfers and cancellations of licences and other rights under Rules 23 and 24 EPC.
This is welcome news for the applicants as they will simplify the process for registering assignments and licences. The EPO has also abolished the administrative fee for registering assignments or licences when documents are filed online via the MyEPO service.
As always, for any queries contact your usual advisor at Cleveland Scott York.