Ruling on signature validity in patent application assignments

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Ruling on signature validity in patent application assignments

Sponsored by

inspicos-400px recrop.jpg
contract-3002431.jpg

Edward Farrington of Inspicos suggests what measures can be taken to ensure the requirements of patent application assignments are fulfilled after a ‘text string’ signature was declared invalid

The transfer of a patent application from one party to another before the EPO is governed by Article 72 of the European Patent Convention (EPC). This stipulates that an assignment of a European patent application shall be made in writing and shall require the signature of the parties to the contract.

A decision of the EPO president, published in the Official Journal of the EPO (OJ EPO, 2021, A42) in May 2021, allowed signatures on documents to be:

  • In the form of an enhanced electronic signature;

  • A reproduction of the signature (facsimile signature); or

  • In the form of a string of characters, preceded and followed by a slash (/) sign (a so-called text string signature).

Ruling on signature requirements

A decision by the Legal Board of Appeal – J5/23 – in September 2023 studied the signature requirement when a patent application is transferred under Article 72 of the EPC. The applicant in J5/23 had filed an assignment document in which one party had signed using a text string signature.

The Legal Board of Appeal studied the Vienna Convention on the Law of Treaties, and definitions of the term ‘signature’ in the three official languages of the EPO. The board found that the term ‘signature’ in Article 72 of the EPC should be understood as requiring the parties to “put their names on the assignment contract in a distinctive manner”. It also construed the signature requirement as a requirement to provide handwritten signatures, resulting in an unambiguous formal requirement.

The signature on the assignment on file, which was in the form of a text string signature, was therefore deemed not to fulfil the requirements of Article 72 of the EPC, and thus the assignment was invalid.

Additionally, the Board of Appeal found that a decision of the president of the EPO from 2021 was not concerned with assignments, and had no bearing on the case in question.

Key takeaway for patent applicants

It is therefore strongly recommended that when patent applications are to be assigned, copies of the assignment are printed, signed, and scanned, to guarantee that they meet the requirements of Article 72 of the EPC.

more from across site and SHARED ros bottom lb

More from across our site

A seminal decision concerning second medical use patents and questions over confidentiality were among the top talking points this fortnight
Managing IP considers some of the key themes from the 2025 Annual Meeting and offers some tips for London 2026
A comparison of the 2024 and 2025 editions of the Managing IP EMEA Awards reveals the firms and companies that have been dominating Europe’s IP market year after year
Tuesday's coverage includes BD tips for aspiring partners, and a foray into the world of SEPs
Exclusive data reveals law firms are failing to go above and beyond for their corporate clients, with in-house counsel saying advisers should consider more transparent billing processes
Arty Rajendra and Gary Moss discuss why ‘thorough and intense’ preparation, plus the odd glass of wine, led to a record FRAND victory for their client
Monday’s coverage includes news of a potentially 'game-changing' trademark development in China and how practitioners are using AI
Managing IP gives a taster of the numbers behind this year’s IP STARS trademark rankings, and looks back at our 2025 award winners
Updates from IP offices, the shifting requirements of in-house counsel, and news of London 2026 were among major talking points on Sunday
Etienne Sanz de Acedo discusses the association’s three-year plan, what he is looking forward to in San Diego, and why London came calling for 2026
Gift this article