| Patents > Search Colections > MPEP > 302.10 Electronic Submission of Assignment Documents [R-5] - 300 Ownership and Assignment |
|
|
|
Go to MPEP - Table of Contents
302.10 Electronic Submission of Assignment Documents [R-5] - 300 Ownership and Assignment
302.10 Electronic Submission of Assignment Documents [R-5]
37 CFR 3.31 Cover sheet content.
*****
(a)
(7) The signature of the party submitting the document. For an assignment document or name change filed electronically, the person who signs the cover sheet must either: **>
(i) Place a symbol comprised of letters, numbers, and/or punctuation marks between forward slash marks (e.g. /Thomas O' Malley III/) in the signature block on the electronic submission; or<
(ii) Sign the cover sheet using some other form of electronic signature specified by the Director.
*****
37 CFR 1.4 Nature of correspondence and signature requirements.
*****
(d)
(2) **>S-signature. An S-signature is a signature inserted between forward slash marks, but not a handwritten signature as defined by § 1.4(d)(1). An S-signature includes any signature made by electronic or mechanical means, and any other mode of making or applying a signature not covered by either a handwritten signature of § 1.4(d)(1) or an Office Electronic Filing System (EFS) character coded signature of § 1.4(d)(3). Correspondence being filed in the Office in paper, by facsimile transmission as provided in § 1.6(d), or via the Office Electronic Filing System as an EFS Tag(ged) Image File Format (TIFF) attachment, for a patent application, patent, or a reexamination proceeding may be S-signature signed instead of being personally signed (i.e., with a handwritten signature) as provided for in paragraph (d)(1) of this section. The requirements for an S-signature under this paragraph (d)(2) are as follows.<
(i) The S-signature must consist only of letters, or Arabic numerals, or both, with appropriate spaces and commas, periods, apostrophes, or hyphens for punctuation, and the person signing the correspondence must insert his or her own S-signature with a first single forward slash mark before, and a second single forward slash mark after, the S-signature (e.g., /Dr. James T. Jones, Jr./); and
(ii) **>A patent practitioner (§ 1.32(a)(1)), signing pursuant to §§ 1.33(b)(1) or 1.33(b)(2), must supply his/her registration number either as part of the S-signature, or immediately below or adjacent to the S-signature. The number (#) character may be used only as part of the S-signature when appearing before a practitioner's registration number; otherwise the number character may not be used in an S-signature.<
(iii) The signer's name must be:
(A) Presented in printed or typed form preferably immediately below or adjacent the S-signature, and
(B) Reasonably specific enough so that the identity of the signer can be readily recognized.
(3) EFS character coded signature. Correspondence in character coded form being filed via the Office Electronic Filing System for a patent application or patent may be signed electronically. The electronic signature must consist only of letters of the English alphabet, or Arabic numerals, or both, with appropriate spaces and commas, periods, apostrophes, or hyphens for punctuation. The person signing the correspondence must personally insert the electronic signature with a first single forward slash mark before, and a second single forward slash mark after, the electronic signature (e.g., /Dr. James T. Jones, Jr./).
(4) Certifications. (i) Section 10.18 certifications: The presentation to the Office (whether by signing, filing, submitting, or later advocating) of any paper by a party, whether a practitioner or non-practitioner, constitutes a certification under § 10.18 (b) of this chapter. Violations of § 10.18 (b)(2) of this chapter by a party, whether a practitioner or non-practitioner, may result in the imposition of sanctions under § 10.18(c) of this chapter. Any practitioner violating § 10.18(b) of this chapter may also be subject to disciplinary action. See §§ 10.18 (d) and 10.23 (c)(15) of this chapter.
(ii) Certifications as to the signature: (A) Of another: A person submitting a document signed by another under paragraphs (d)(2) or (d)(3) of this section is obligated to have a reasonable basis to believe that the person whose signature is present on the document was actually inserted by that person, and should retain evidence of authenticity of the signature.
(B) Self certification: The person inserting a signature under paragraphs (d)(2) or (d)(3) of this section in a document submitted to the Office certifies that the inserted signature appearing in the document is his or her own signature.
(C) Sanctions: Violations of the certifications as to the signature of another or a person's own signature, set forth in paragraphs (d)(4)(ii)(A) and (B) of this section, may result in the imposition of sanctions under § 10.18 (c) and (d) of this chapter.
*****
Assignments and other documents affecting title may be submitted to the Office via the Office's Electronic Filing System (EFS) or the Electronic Patent Assignment System (EPAS). See the USPTO Internet web site for additional information regarding EFS and EPAS. These systems allow customers to submit their documents directly into the automated Patent and Trademark Assignment System and receive the resulting recordation notice at their fax machine. The customer's fax machine must be connected to a dedicated line because recordation notices will be returned automatically to the sending fax number through the Patent and Trademark Assignment System. If the Office system is unable to complete transmission of the recordation notice, the notice will be printed and mailed to the sender by U.S. Postal Service first class mail. Recorded documents will not be returned with the "Notice of Recordation."
Any assignment related document submitted by EFS or EPAS must include:
(A) an identified application or patent number;
(B) one cover sheet to record a single transaction; and
(C) payment of the recordation fee by a credit card >(use of the Credit Card form , PTO-2038 (see MPEP § 509), is required for the credit card information to be kept separate from the assignment records)< or a USPTO Deposit Account.
For an assignment document filed electronically, the person who signs the cover sheet can sign with a symbol comprised of letters, numbers, and/or punctuation marks between forward slash marks (e.g., /Thomas O' Malley III/) in the signature block on the electronic submission. If EFS or EPAS is used, then the letters must be letters of the English alphabet, the numbers must be Arabic numerals, and the punctuation marks must be commas, periods, apostrophes, or hyphens, in the signature of the cover sheet.
The following documents cannot be submitted via EPAS:
(A) Assignments submitted concurrently with newly filed patent applications;
(B) Documents with two or more cover sheets (e.g., a single document with one cover sheet to record an assignment, and a separate cover sheet to record separately a license relating to the same property);
(C) Requests for corrections to documents recorded previously; and
(D) Resubmission of a non-recorded assignment.
The date of receipt accorded to an assignment document sent to the Office by EFS or EPAS is the date the complete transmission is received in the Office.
If a document submitted by EFS or EPAS is determined not to be recordable, the entire document, with its associated cover sheet, and the Office "Notice of Non-Recordation" will be transmitted via fax back to the sender. Once corrections are made, the initial submission, as amended, may then be resubmitted by mailing the corrected submission to the address set forth in 37 CFR 3.27. Timely submission will provide the sender with the benefit of the initial receipt date as the recordation date in accordance with 37 CFR 3.51.
The Patent and Trademark Assignment System assigns reel and frame numbers and superimposes recordation stampings on the processed and stored electronic images. Accordingly, copies of all recorded documents will have the reel and frame numbers and recordation stampings.
The Inventors Assistance Center is available to help you on patent matters.Send questions about USPTO programs and services to the USPTO Contact Center (UCC). You can suggest USPTO webpages or material you would like featured on this section by E-mail to the webmaster@uspto.gov. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website. |
|
|
Go to MPEP - Table of Contents
=online
business system 
=fees 
=forms
=help 
=laws/regulations 
=definition
(glossary)