Comments on: Q) Documents Requiring Signatures

By: Matt D

Matt D — Fri, 25 Nov 2011 03:49:05 +0000

It’s impossible to only have 25 questions wrong and not pass. Even if you got 10 outta 10 on the Beta Questions. You’d still have to score less than a 73 to fail (63/90). I would look into that…

By: maggie

maggie — Tue, 15 Nov 2011 22:10:44 +0000

Thx

By: Jamecam

Jamecam — Mon, 31 Oct 2011 03:01:13 +0000

I got this question on 10/29/2011.

The question asked which of the following does not require a signature:
(1) a notice of appeal
(2) an assertion of small entity status
(3) an oath/declaration
(4) an authorization to pay by credit card
(5) an amendment

I chose option (1).

By: SoBe

SoBe — Sun, 16 Oct 2011 18:03:47 +0000

There is no clarification provided in the MPEP, it’s just another example of obtusely worded regulatory law. The tax code is written in similar fashion.

So, as you neatly provided, atleast we have these 3 choices. When you get a chance, can you take a look at my comment on Q) Board of Appeals Remanding case to the Examiner (4.03.25a). I cannot find a definitive answer.

By: maggie

maggie — Sun, 16 Oct 2011 16:18:29 +0000

Thank you! I was not clear in 1.4(e) about the word “equivalent”. “OR its equivalent” suggested to me a non-handwritten S-signature suggested later on”. But, if the MPEP means “dark ink or its equivalent”, the word “equivalent” is referring to “dark ink”, i.e., you may submit the original hand signature in black or blue ink (dark ink). Then yes that is the answer. Q: Where did you find the clarification on the definition?

Handwritten signature in dark ink are required for:
(1) Registration practice 1.4 (e)
(2) Disciplinary papers/proceedings 1.4 (e)
(3) Any Certified paper 1.4 (f)

By: SoBe

SoBe — Sun, 16 Oct 2011 05:14:44 +0000

Hey Maggie,
As you correctly noted, 1.4(d) states handwritten signature can be original or a copy of original, however, as it goes on to state, this does NOT apply to “(d)(2), (d)(3), (e) and (f)”

1.4(d)(2) says that you can file an “S” signature anywhere you are allowed to electronically file or fax per 1.6(d).
1.4(d)(3) says don’t mess with PTO forms, don’t rearrange the structure, however if you do, take all PTO identification off of it because your on your own.
The last two survivors on the island… 1.4(e) and 1.4(f),

In 1.4(e): -No need to re-post because you provided it above-
I do not believe you are allowed to submit a copy of a signature because it requires an “original hand signature”. When it goes on to state “dark ink or its equivalent”, the word “equivalent” is referring to “dark ink”, i.e., you may submit the original hand signature in black or blue ink (dark ink).

In 1.4(f): “When a document that is required by statute to be certified must be filed, a copy, including a photocopy or facsimile transmission, of the certification is not acceptable.” Clearly no copies, requires originals, and consequently, original hand signatures.

A quick glance at 1.6(d), and we can confirm that 1.6(d) agrees with 1.4(e)/(f) in asmuch as,
1.6(d) states that faxes aren’t allowed in the following situations and starts with these two:
(1)Correspondence as specified in § 1.4(e), requiring an original signature;
(2)Certified documents as specified in § 1.4(f);
No fax = original hand signature (atleast in this situation)

After all that, I still cannot answer your question in post #34, all I can say is that any correspondence involving enrollment, discipline, and certified docs/info has to be submitted with original hand signatures. Oaths, decs, credit card charges, amendments, as far as I know, can all be submitted in fax with copy of signature. …(thud, thud, thud) that’s the sound of my forehead slamming on my desk.

By: maggie

maggie — Sat, 15 Oct 2011 22:46:57 +0000

So, I think the answer is they ALL can be copy. Rules state handwritten signature can be original or a copy of original.

1.4(d)(1) Handwritten signature. Each piece of correspondence, except as provided in paragraphs (d)(2), (d)(3), (e) and (f) of this section, filed in an application, patent file, or other proceeding in the Office which requires a person’s signature, must:
(i) Be an original, that is, have an original handwritten signature personally signed, in permanent dark ink or its equivalent, by that person; OR
(ii) Be a direct or indirect copy, such as a photocopy or facsimile transmission (§ 1.6(d)), of an original. In the event that a copy of the original is filed, the original should be retained as evidence of authenticity. If a question of authenticity arises, the Office may require submission of the original.

Even this says they accept the equivalent of a handwritten signature
(e) Correspondence requiring a person’s signature and relating to registration practice and disciplinary investigations, or disciplinary proceedings must be submitted with an original hand written signature personally signed in permanent dark ink or its equivalent by that person.

By: sgw

sgw — Fri, 14 Oct 2011 20:27:15 +0000

Can we submit auth with copy of signiture?

By: SoBe

SoBe — Wed, 28 Sep 2011 01:35:05 +0000

As far as the question of which document cannot be submitted with a COPY of an original signature, my reasoning is that if a SET of documents are NOT permitted to be faxed per the MPEP, then a SUBSET of those will also not be allowed to be submitted with a copy of an original signature, i.e., if you need an original signature, then you definitely CANNOT fax it. Since, “The situations where transmissions by facsimile are prohibited are identified in 37 CFR 1.6(d)(1)-(9)” (502.01), i’m thinking it MUST be these documents which are not allowed to be submitted without original signature. I copy pasted the rule below….any thoughts?
CFR 1.6(d)
….Facsimile transmissions are not permitted and, if submitted, will not be accorded a date of receipt in the following situations:
(1)Correspondence as specified in § 1.4(e), requiring an original signature;
(2)Certified documents as specified in § 1.4(f);
(3)Correspondence which cannot receive the benefit of the certificate of mailing or transmission as specified in § 1.8(a)(2)(i)(A) through (D) and (F), and § 1.8(a)(2)(iii)(A), except that a continued prosecution application under § 1.53(d) may be transmitted to the Office by facsimile;
(4)Color drawings submitted under §§ 1.81,1.83 through 1.85, 1.152, 1.165, 1.173, or 1.437;
(5)A request for reexamination under § 1.510 or § 1.913;
(6)Correspondence to be filed in a patent application subject to a secrecy order under §§ 5.1through 5.5 of this chapter and directly related to the secrecy order content of the application;
(7)[Reserved]
(8)[Reserved]
(9)In contested cases before the Board of Patent Appeals and Interferences except as the Board may expressly authorize.

By: patentgeekchick

patentgeekchick — Fri, 23 Sep 2011 00:46:15 +0000

Got maggie’s today 9.22.11