In the past couple of years, Japan’s government has been trying to reform the work environment and make it more conducive to remote work and easier (digital) procedures. One of its trumpeted changes has been the removal of requirements for official individual or corporate seals on most patent documents (only 33 very sensitive procedures, out of close to 800, still require a seal).[1]
It seems, though, that the JPO has made document filing more difficult, not easier: it is now requiring from January 2022, in lieu of the old standard seals, official verification of whatever mark is used to execute any of the thirty-three documents (such as change of name of assignee) with notarization or a seal registration certificate!
Digital execution or filing is still out of the question. So much for social distancing–now filers have to head for another public office to get another document.
Whereas making signatures and digital filings options instead would preserve something of the weight of an executed document, many documents require nothing, and others are made even less friendly to users in the post-covid, digital age.
There Is an Easier Way …
There is one curious way around the inconvenience of using a Notary Public in executing one of the documents, which the JPO gives as its first option. The Japanese patent attorney is allowed to insert a comment into the submission document affirming it or the local representative of the executor confirmed the identity and intention of the executor.[1] This is much simpler than the public notarization method–but still, submitting a digital copy of the executed document still remains off limits. Consult with a Japanese patent attorney like us for details if one of the documents requiring physical execution becomes necessary for an applicant.
Final Thoughts
The seal still remains highly valued in Japan. Depending on the level of formality of one’s seal, it can be registered with a city office as personally identifying, and carries more weight than a formal signature does in Western countries. A scanned copy of a document executed with a seal is seen as unacceptable. It is our opinion that, as Japan deals with foreigners, it needs a more straightforward and helpful reform that allows digital execution and submission of signed (or seal-executed) documents.
* 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.
Taro Yaguchi
Sources
[1] Japan Patent Office. “特許庁関係手続における押印の見直しについて [Review of seal execution for JPO procedures].” December 28, 2020. Updated October 29, 2021. Accessed March 3, 2022.
[2] 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)].” Published October 29, 2021, revised November 30, 2021. Accessed March 3, 2022.
Header image by Juraj Varga from Pixabay
