Electronic signatures have been widely used for signing legal documents, such as contracts and assignments for a long time.
The requirements for valid assignment documents at the EPO are set out in Article 72 EPC, which specifies that the "shall be made in writing and shall require the signature of the parties to the contract."
In 2023, the Legal Division of the EPO had to consider whether electronic signatures fell within the scope of this requirement. This case was the result of a request to register an assignment, based on an assignment document where both parties' signatures were electronic, "text string signatures".
In its Decision, J 5/23, the Legal Division considered what was meant by the term "signature" in the legislation. It concluded that, in the absence of a broad definition of the term in the Implementing Regulations, this must be limited to "a handwritten depiction of someone's name." Therefore, the electronically-signed assignment document in question was found not to comply with the formal requirements for contracts at the EPO.
Following this decision, the President of the EPO issued a Decision on 9 February 2024 concerning signatures. This Decision specifies that contracts and declarations submitted as evidence of transfers of rights – such as assignments – and the registration of licences may be authenticated by electronic signatures, once the decision enters into force on 1 April 2024. The full list of acceptable signature formats provided by the President's Decision are "handwritten signature, a facsimile signature, a text string signature, or a digital signature under the conditions specified by the EPO". Therefore, for assignment documents filed on or after 1 April 2024, certain forms of electronic signatures – such as text string signatures – will be accepted by the EPO.
In addition, the President of the EPO has also abolished the administrative fee for registration of transfers of rights, licences and other rights via the MyEPO Portfolio, from 1 April 2024.
If you intend to submit any documents before 1 April 2024, it is important to ensure handwritten signatures are provided and that the necessary fee is paid. However, moving forward, these decisions from the President of the EPO should reduce the administrative burden on applicants and represent a positive step in the EPO's commitment to digital transformation and sustainability.
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