TAKEAWAY: Signatures on submissions to the USPTO must be personally executed by the designated practitioner to uphold authenticity requirements and prevent fraudulent conduct.
On October 2, 2024, the U.S. Patent and Trademark Office (USPTO) issued a final order terminating the proceedings for around 3,100 patent applications due to fraudulent use of a registered practitioner’s S-signature by someone other than the practitioner. The USPTO investigation uncovered improper use of the practitioner’s S-signature in thousands of patent filings by an individual not registered or licensed to practice law. This unauthorized use occurred without the practitioner’s knowledge or consent, as numerous documents were filed bearing the practitioner’s signature.
While the practitioner in this case was unaware of the improper use of their S-signature, it is important for practitioners to understand that knowingly permitting others to sign documents on their behalf is also against USPTO rules. The manual of patent examining procedure (MPEP) explains that “[t]he ‘must insert [your] own signature’ requirement is met by the signer directly typing their own signature using a keyboard. The requirement does not permit one person (e.g., an assistant) to type in the signature of a second person (e.g., a practitioner) even if the second person directs the first person to do so.” MPEP 502.02 subsection (II).
Practitioners should personally sign their documents to ensure compliance with USPTO regulations, protect their professional integrity, and maintain the validity of their clients’ filings. The USPTO requires signatures to be directly inserted by the named signatory (37 CFR 1.4) to confirm authenticity and accountability. By personally signing the documents, practitioners protect themselves from the risk of unauthorized signature use, which can lead to fraudulent filings, misuse of their credentials, sanctions for improper submissions, and the invalidation of patent applications. This practice also upholds the duty of candor and good faith, which is essential in maintaining trust with clients and the patent office.