The Japan Patent Office, along with much of Japanese bureaucracy, has long held onto the custom of requiring official seals on documents. In 2020, partly in view of the novel coronavirus COVID-19 pandemic, it moved to abolish requirements for these physical seals in most cases, but thirty-three sensitive procedures such as change of name of assignee still will require some physical execution. Furthermore, for 2021 as transition period, a general identification of the executor is mentioned but not strictly enforced.
However, starting January 2022, the identification requirements are clearly spelled out and fairly involved procedures.
Signing?
For foreigners (or Japanese citizens who reside abroad and cannot use a seal) filing a document that requires a seal or signature and using signature will be told to provide proof of signature. There are four options for this. The JPO suggests they are in order of ease:
1) Submit the properly formatted document and include in it a brief Attestation of Verification of the executor (意思確認をした旨) in the submitted form, affirming it or the local representative of the executor confirmed the identity and intention of the executor, with appropriate translations of the executed form(s).
2) Submit a separate Attestation of Verification that includes some attestation to the authenticity of the signature (i.e. something like a Notarization that the executor signed the document in the presence of a Notary Public, the executor attested to it being his or her signature to the Notary Public, or the local representative attested to the authenticity of the signature before a Notary Public), and translation of the document(s).
3) Submit a Signature Certificate issued by a government official of the place of residence of the executor, or Certificate of Notarization of the executor’s signature by a Notary Public, and translation of the document(s).
4) As a last resort, the executor may go in person to the JPO and use public documents (e.g. a passport) to sign in the presence of an official there, or consult with the JPO for some alternative.
Using a Seal?
Those executing with seal have been allowed, in the present transition period, to use a simpler todoke-in (届印) not registered with the local government office. From 2022, however, they must use their government-registered jitsuin (実印) and present a seal certificate (inkan-shomeisho 印鑑証明書) from the government office to demonstrate authenticity.
If you get your procedure filed earlier than the cutoffs of 2021 (initial filings: on paper received by the JPO by December 28, online filing by December 31), it could be easier to get the paperwork done. Please consult with your Japanese and local representative(s) to proceed as smoothly as possible.
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact us for more information.
Contact: Taro Yaguchi
Sources
[1] Japan Patent Office. “署名の本人確認措置について（令和4年1月1日以降の運用変更） [Personal identification of signors (change to procedures from Reiwa 4 {2022} January 1)].” https://www.jpo.go.jp/system/process/shutugan/madoguchi/info/shomei_kakunin.html Published October 29, 2021, revised November 30, 2021. Accessed December 3, 2021.
Header image by stux from Pixabay.
