HOW TO OBTAIN A DIGITAL SIGNATURE?

Intellectual property laws provide an incentive to those who develop creative works that benefit society and ensure that their work is protected from being misappropriated by others. While Intellectual Property refers to the basic construction of human intelligence such as literary, artistic, technical, or scientific constructions, Intellectual Property Rights are the legal rights granted to the inventor to protect their invention.

In the wake of technological advancements, applications for obtaining grants for intellectual property rights can now be filed online. In India, the Information Technology (IT) Act, 2000 provides the use of Digital Signatures on the documents submitted in an electronic format to ensure the security and authenticity of the filed documents.

To e-file Patent and Trademarks in India, the Controller General of Patents, Design, and Trademarks (CGPDTM) has stipulated a Class 3 category Digital Signature Certificate (DSC). This digital signature certificate comes with a validity of one to three years and provides the highest level of security. Here, it is pertinent to note that a person who already has a Class 3 Digital Signature Certificate can use the same for e-filing of a patent application and is not required to obtain a fresh DSC.

Before registering for a Digital Signature Certificate, one must understand and learn about the following dynamics that are part of the Digital Signature Certificate:

1. What is a Digital Signature Certificate?

2. Documents needed to apply for a digital signature certificate

3. Steps involved in processing an application for Digital Signature Certificate

1. What is a Digital Signature Certificate?

A Digital Signature Certificate or a DSC is used as a legal instrument for digitally signing various documents. It serves as a digital equivalent of physical or paper certificates that support proof of an individual's identity for a certain purpose. In simple words, a digital signature certificate can be presented electronically to prove one's identity or to sign certain documents digitally.

2. Documents needed to apply for a digital signature certificate

The Indian IT-Act 2000 through Section 24 has authorized a licensed Certifying Authority (CA) to issue a digital signature certificate in India. While applying for a Class 3 Digital Signature Certificate, the following documents must be presented by individuals:

1) An attested copy of one of the following documents as proof of identity-

(i)Passport

(ii)Driving License

(iii)PAN card

(iv)Post Office ID Card

(v)Bank Account Passbook (duly attested by concerned Bank Official) containing photograph and signature of the individual

(vi)Any Government-issued photo ID Card bearing the signature of the individual

(vii) Photo ID Card issued by the Ministry of Home Affairs of Centre or the State Government

2) An attested copy of one of the following as proof of address-

(i) Telephone Bill

(ii) Electricity Bill

(iii) Water Bill

(iv) Gas Connection Receipt

(v) Bank Statements attested by the concerned Bank Official

(vi) Service Tax, VAT, Sales Tax Registration Certificate

(vii) Property Tax Receipt

(viii) Driving License

(ix) Voter ID Card

(x) Passport

(xi) Certificate of Registration of Vehicle

An organization must submit the following documents while applying for a Class 3 Digital Signature Certificate:

1. An attested copy of one of the following as proof of identity –

(i)Passport

(ii)Driving License

(iii)PAN card

(iv)Post Office ID Card

(v)Bank Account Passbook (duly attested by concerned Bank Official) containing photograph and signature of the individual

(vi)Any Government-issued photo ID card bearing the signature of the individual

(vii) Photo ID Card issued by the Ministry of Home Affairs of Centre or the State Government

2) Attested true copy of one of the following –

(i) Certificate of incorporation

(ii) Memorandum of Association or Articles of Association

(iii) Partnership Deed

(iv) Valid Business License

3) Attested true copy of one of the following –

(i) Annual Report

(ii) Latest Income Tax Return

(iii) Latest Bank Details of the organization from the Bank

(iv) Statement of Income issued by Chartered Accountant

4) Authorization letter in favor of the certificate applicant from the organization

3. Steps involved in processing an application for Digital Signature Certificate

A Digital Signature Certificate can be obtained from the Certifying Authorities (CAs), which are enrolled by the Controller of Certifying Authorities of India. After collecting all the necessary documents, applicants can approach the Certifying Authorities with original supporting documents as well as self-attested copies of the same. The following is a list of such Certifying Authorities:

• (n)Code Solutions [www.ncodesolutions.com
• Safe Scrypt [www.sifycorp.com]
• e-mudra [www.e-mudhra.com]
• Capricorn [www.certificate.digital]
• Versys [www.vsign.in]

Now, one must remember that most of these certifying authorities follow the same procedure to apply for a registered digital signature certificate. The application processing for obtaining a registered digital signature certificate through an online process comprises of the following three phases –

PHASE 1: Filing up of application

Suppose the application for the Digital Signature Certificate is filed online through the Certifying Authority's online portal. In that case, the applicant must fill out an online Digital Signature Certificate Application specifying the User Type, Certificate Class, etc.

PHASE 2:  Payment and Document Submission

After applying, the applicant must pay a prescribed amount as fees and submit all the necessary documents. For online payment, the user is redirected to the payment gateway for making payment after applying. Here, it is pertinent to know that officials of the certifying authorities shall pick up the application form and supporting documents if a pick-up facility is available in that particular area or city. 

PHASE 3: Downloading the certificate

Once the certifying authorities successfully verify the documents, the applicant will receive an email containing Certificate Download Credentials. The applicant can then log in to the online portal of the Certifying Authority and download Digital Signature Certificate.

Here, it is pertinent to note that obtaining a registered digital signature certificate through the traditional method is different from the online method. The traditional method involves filling a physical copy of the application form correctly and carefully. After filling the application, the applicant must enclose all the necessary attested documents of proof and a signed declaration along with the demand draft or cheque in an envelope. This envelope must be addressed to the Local Registration Authority for further processing.

Conclusively, obtaining a digital signature is not very complex if done carefully. However, it is advised to appoint a legal professional for the task to avoid any problems.

Author: Jinal Vyas