Electronically Signing USPTO Papers: There’s A Rule For That

Ten years ago, on September 21, 2004, the USPTO implemented the portion of the 21st Century Strategic Plan permitting the use of electronic or mechanical signatures, called "S-signatures," on papers filed at the USPTO.  Now a largely routine practice, the rule at 37 C.F.R. 1.4 governing the use of S-signatures deserves a revisit a decade later, even for seasoned patent professionals.  For instance, do you know who must insert an S-signature on a paper?  Or whether a random string of numbers can constitute an S-signature?

S-signatures are defined by 37 C.F.R. 1.4(d)(2) as "any signature made by electronic or mechanical means, and any other mode of making or applying a signature other than a handwritten signature as provided for in paragraph (d)(1) of this section."  The statute, which is also discussed in MPEP § 502.02, provides five main requirements of S-signatures.