Changes in Procedures for Confirming Identification of Signature (Effective from January 1, 2022)

The Japan Patent Office (JPO) revised its regulations for procedural documents and proving documents to be submitted to the JPO, abolishing the requirement for using a seal to these documents from January 1st, 2022, except for some procedures. Meanwhile, when using a seal to procedural documents and proving documents for certain procedures to which the JPO still keeps the requirement to use a seal (procedures to which damage caused by falsifying documents is significant), such seal should be a seal for which “personal identity can be verified.” Accordingly, for a seal to be used for procedural documents and proving documents, seal registration certificates are, in principle, required to be submitted. In line with this, the JPO will revise its operating procedures for a signature by foreign users to proving documents, so as to ask foreign users to verity their personal identities.

How to Verify the Identification of Signature

For proving documents that are needed for filing applications for change in the name(s) of applicant(s) and applications for registration of transfer of rights (“applications”) (as documents proving the succession of rights, such as assignments), the JPO requests applicants to submit any of the following certifying the identification of their signatures:

(1) Description in applications, stating that “the intention of transferors, etc. was confirmed” by representatives of transferors or transferees, such as patent attorneys or lawyers

Please be advised that patent attorneys or lawyers who are the representatives of transferors or transferees need to describe in the “Others” column of applications that “the intention of signees (transferors) to sign the applications was confirmed.”

The identity of signees can be verified as follows, in place of (1) description in the “Others” column:

(2) Submission of assignments with documents certifying the authenticity of signature (certificates signed before notary publics, certificates confirmed by signees, etc.)

Please be sure to submit assignments and their translations, to which the following documents certifying the authenticity of signature are attached: documents proving that “signees signed certificates before notary publics” (certificates signed before notary publics), or documents proving that “signees confirmed the fact that they signed certificates before notary publics” (certificates confirmed by signees), or documents proving that “representatives of transferors or transferees confirmed the authenticity of their signatures to certificates before notary publics” (certificates confirmed by representatives).

(3) Submission of signature certificates

Please be sure to submit signature certificates issued by foreign authorities, certificates issued by notary publics proving the authenticity of signatures, and their translations.

For the procedures stated above, certain costs, such as costs to issue signature certificates in countries where signees reside, are anticipated, and it might be difficult to obtain these certificates in some countries. Therefore, the JPO recommends (1) or (2) stated above, as procedures that could impose less burdens on users.

(4) Case in which transferors visit the JPO to confirm their identity (by presenting passports, etc.)

If (1) to (3) stated above are not available for users, the JPO provides consultations to procedures for (4). Please contact to the Official Services Management Section of the General Coordination Division stated below.

[Last updated 28 December 2021]

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Contact details for this article Official Services Management Section, General Coordination Divisions Japan Patent office e-mail: PA0220@po.go.jp