703.01(j) Signature of Deposition by Witness
37 CFR § 2.123 (e) (5) When the deposition has been transcribed, the deposition shall be carefully read over by the witness or by the officer to him, and shall then be signed by the witness in the presence of any officer authorized to administer oaths unless the reading and the signature be waived on the record by agreement of all parties.
The signing of a deposition by the witness is governed by 37 CFR § 2.123(e)(5). The deposition does not have to be signed in the presence of the officer before whom the deposition was taken. It may be signed in the presence of any officer authorized to administer oaths.
Reading and signature cannot be waived by mere agreement of the witness; the agreement of every party is required. [ Note 1.]
NOTES:
1. See 37 CFR § 2.123(e)(5). See also Tampa Rico Inc. v. Puros Indios Cigars Inc., 5 USPQ2d 1382, 1383 (TTAB 2000) (where witness did not sign his deposition, the defect was curable and party allowed time to file and serve a signed copy). Cf. Sports Authority Michigan Inc. v. PC Authority Inc., 63 USPQ2d 1782, 1787 (TTAB 2001) (depositions which were not signed and included no waiver were nevertheless considered where no objections were made).