united-states signature
Legality of printing out scanned hand signature
<p>I'm working with someone oversea to submit a project for evaluation by an institute in US, and the institute requires signed IP statements (patent disclosure, licensing condition, etc.). To save postage costs, I told my oversea peer to scan his signed statement, email it to me, and I'll print it and mail it along with my signed statement to the institute.</p>
<p>In this case, my signature will be hand-written on a fresh paper; but my oversea peer's will be a printed one, albeit being scanned from a original paper-signed version.</p>
<p>Are such printed signature considered valid under the context of IP licensing and patent disclosure in US? Or do we have to send both of our physical papers through mail?</p>

<p>Under U.S. law, a copy of a document has the same legal effect as the original in almost all cases. The main exceptions are &quot;live&quot; promissory notes and checks (absent an e-deposit agreement), and wills. This document does not come within any of the exceptions.</p>
<p>As background, the exception for promissory notes and checks is because the physical instrument is &quot;negotiable&quot; and can be physically transferred to transfer the rights associated with it.</p>
<p>The exception for wills has a different basis, which is that a will can be revoked by destroying or defacing the original. This practice developed at a time when copying documents was almost non-existent, and persisted once established.</p>

<p>This is not definitive, and is just my guess from reasoning.</p>
<p>From reading on this site, I (roughly) understand that, the purpose of signature is to <em>indicate assent</em>. If the person expressing assent is not capable of signing (e.g. illiterate), there are other ways to prove assent (e.g. marking an &quot;X&quot;).</p>
<p>When a physical paper is digitized, the proof is destroyed in its digital form, until it can be reproduced, for example, printed or faxed. While the <em>act</em> of faxing can transfer the proof of assent from the <em>act</em> of signing to a recipient of the fax. Printing a file cannot, as anyone with the file's digital source can print it. Therefore, another way of proving assent is needed - mailing it.</p>
<p>Both faxing and mailing allows the recipient of the signed document verify that the signed document originates from what they claim to be from, because both usually come with the contact method or address of the sender.</p>
<hr/>
<p><strong>Update:</strong> For my case, the lawyers from the institute explicitly requested that physically signed <strong>original</strong> version of IP statements be provided. So I guess the conclusion is <em>case-by-case</em>.</p>

<p>I think that instead of calling the signature an indication of agreement, it’s better to think of it as evidence of agreement.  Evidence, not proof, its validity and value can both be disputed.  Simple example, the signer is illiterate either in the language the contract is written in or entirely.  If the contract has terms which weren’t adequately conveyed to the signer, those terms, and possibly the entire agreement could be determined to be invalid.</p>
<p>Also, and directly on point to your question, is evidence of agreement to whom? The institute that is asking for this, can put whatever terms they want on how the terms will be accepted. Common “extra” terms are signing with a particular color and notarized signatures.</p>
<p>If they want a signed, original document, that’s what they want. You can fake it, but that gives them the opportunity to repudiate the contract if they find out.</p>
