Waiver of Original Handwritten Signature Requirement Due to the COVID-19 Outbreak
| Published date | 30 March 2020 |
| Citation | 85 FR 17502 |
| Record Number | 2020-06186 |
| Section | Rules and Regulations |
| Court | Patent And Trademark Office |
Federal Register, Volume 85 Issue 61 (Monday, March 30, 2020)
[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Rules and Regulations]
[Page 17502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06186]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO-P-2020-0018]
Waiver of Original Handwritten Signature Requirement Due to the
COVID-19 Outbreak
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Waiver of regulations.
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SUMMARY: The United States Patent and Trademark Office (USPTO or
Office) considers the effects of the COVID-19 outbreak to be an
extraordinary situation. Therefore, pursuant to the Office's authority,
the USPTO is waiving its only regulatory requirements for an original
handwritten signature personally signed in permanent dark ink or its
equivalent for certain correspondence with the Office of Enrollment and
Discipline and certain payments by credit card. In both instances, the
Office will accept copies of handwritten signatures. The USPTO has no
other requirements for original handwritten, ink signatures.
DATES: March 30, 2020.
FOR FURTHER INFORMATION CONTACT: For information concerning
correspondence with the Office of Enrollment and Discipline: William
Covey, Office of Enrollment and Discipline, United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by
telephone at (571) 272-4097 or by email at [email protected]. For
information concerning payments by credit cards: Matthew Lee, Office of
Finance, United States Patent and Trademark Office, 2051 Jamieson
Avenue, Suite 300, Alexandria, VA 22314; by telephone at (571) 272-6343
or by email at [email protected].
SUPPLEMENTARY INFORMATION: The USPTO considers the effects of the
COVID-19 outbreak to be an ``extraordinary situation'' within the
meaning of 37 CFR 1.183 and 37 CFR 2.146(a)(5) for affected persons
doing business before the Office. Accordingly, the USPTO is sua sponte
waiving the requirements of 37 CFR 1.4(e)(1) and (2) for an original
handwritten signature personally signed in permanent dark ink or its
equivalent for correspondence requiring a person's signature and
relating to (1) registration to practice before the USPTO in patent
cases, enrollment and disciplinary investigations, or disciplinary
proceedings; and (2) payments by credit cards where the payment is not
being made via the Office's electronic filing systems. The Office notes
that the requirements of 37 CFR 1.4(e)(1) and (2) are the only USPTO
requirements for original handwritten, ink signatures, and the USPTO
has no other requirements for original handwritten, ink signatures. The
USPTO's requirements concerning signature methods are set forth in 37
CFR 1.4 and 37 CFR 2.193.
In light of the waiver of the requirements of 37 CFR 1.4(e)(1), the
Office of Enrollment and Discipline will accept the signature methods
described in 37 CFR 1.4(d). In light of the waiver of the requirements
of 37 CFR 1.4(e)(2), the Office of Finance will accept the signature
methods described in 37 CFR 1.4(d). Persons providing such submissions
to the Office are reminded that, pursuant to 37 CFR 1.4(d)(4), such
submissions constitute a certification under 37 CFR 11.18(b) and that
violations of 37 CFR 11.18(b) may be subject to disciplinary action
pursuant to 37 CFR 11.18(d). And, in circumstances where deemed
appropriate, the Office of Enrollment and Discipline and the Office of
Finance may request that signatures be ratified/confirmed pursuant to
37 CFR 1.4(h).
The USPTO already permits persons to provide true copies of
handwritten signatures or electronic signatures that meet the
requirements of 37 CFR 2.193(c) on each piece of Trademark
correspondence that requires a signature. 37 CFR 2.193(a). Likewise,
the USPTO already permits persons to provide a direct or indirect copy
of an original handwritten signature (37 CFR 1.4(d)(1)(ii)) or S-
signatures that meet the requirements of 37 CFR 1.4(d)(2) on each piece
of Patent correspondence that requires a signature. 37 CFR 1.4(d)(1).
This waiver is effective until further notice is provided by the
Office. Such notice may take place by publication of a document in the
Federal Register and the USPTO's website.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2020-06186 Filed 3-27-20; 8:45 am]
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