Due to the trend of electronic execution of documents, Taiwan Intellectual Property Office (TIPO) has relaxed the examination on execution manner in the patent procedure. Per TIPO’s patent procedural examination guidelines as revised and implemented on December 1, 2022, the following are highlights for Applicant when executing a document.
Basically, the applicant or his/her patent agent must execute an application for filing a matter related to patent. The application can be submitted to TIPO via paper filing or electronic filing, in accordance with the format required by TIPO (the applicant or his/her agent must apply for the digital verification for receiving or submitting documents through TIPO e-filing system).
For an applicant who is a natural person, he/she may execute the document by signature or affixation of seal. For a juristic and domestic applicant, the document must be executed by its representative or authorized signatory, together with the seal of the juristic entity. For a juristic and foreign applicant, the document can be either signed by an authorized signatory or affixed by the representative seal (showing the name of juristic entity as applicable to a Japanese company, etc.) or the juristic seal per the law (for example, the company from China).
In regard to a Power of Attorney document or other evidencing document of a patent application, the Applicant can execute the document via physical signature or electronical signature. TIPO may accept a document executed physically or electronically, as long as the appearance of execution can show or match the filing particulars (i.e. the name of Applicant or signatory). The following table includes exemplary execution manners that may be acceptable or not by TIPO. For any questionable execution manner, TIPO will notify the Applicant to provide historical evidence of the electronic signature or supplement a paper signed document.
For a patent matter which may affect the benefit of Applicant, such as a recordal of assignment, TIPO requires that the Applicant’s execution must be consistent with the original signature or seal as recorded on file. If there is any inconsistency of execution, TIPO will inform the Applicant to file a response by one of the following options:
- Filing an original signature or seal the same as recorded on official file;
- Requesting a change in the signature or seal as recorded on official file; or
- Filing an Affidavit/Declaration to attest that the execution is the genuine signature of, or has been authorized by, the Applicant (accompanied by an identification document such as a photocopy of passport if the applicant is a natural person).
By adopting the above Option 3), it will have an effect only on the matter filed at that time. As to the other matters filed in future for the same patent case, TIPO still will examine the Applicant’s execution by referring to the original signature or seal as recorded on file.
