While e-signatures have been accepted for transactions in many facets of life for years, the USPTO finally has approved e-signatures for use with patent filings. However, e-signatures still carry risks.

First, at a high level, Federal Circuit law covers patent assignments but ambiguities in patent assignments are governed by state law. Different states have different requirements regarding electronic signatures.

Second, some foreign countries such as China and India do not accept electronic signatures. Thus, if there are plans to file a patent application in a foreign country, ink signatures will still be required.

Clients have been clamoring for electronic signatures for years and the USPTO approval is a great step forward. Over time, we hope states and countries will adopt similar rules.