Posted by DHartley_PA on 7/29/06 10:45am
Msg #135984

Unusal Notary Request

I have been approached by a business associate to notarize a document for an invention of his. He showed me two pages that has descriptions and photos of his invention and his attorney told him to get it notarized so someone doesn't steal his idea. Anyone know what is the proper way to notarize it? Thanks.

Reply by Bob_Chicago on 7/29/06 11:10am
Msg #135987

As in all cases, the contents of the document ......

and type of notarial act (ack/jurat) is up to party
preparing the doc.
What the atty is probably looking for is evidence that
this document was in signer's possession on a certain date.
His signature and your stamp and seal on the date
signed establish that fact and date.
You need not concern yourself with wording of the doc,
only with your function as a NP
PS. If it looks interesting, you might want to take your
notorail fee in the form of a piece of the action (just kidding)

Reply by DHartley_PA on 7/29/06 11:22am
Msg #135991

Re: As in all cases, the contents of the document ......

There is no room on the two pages to sign and date and affix my seal. His descriptions and photos take up all the space. Should I attach a loose affidavit to it and notarize? And what wording would I put on it? Thanks for your help.

Reply by JO_PA on 7/29/06 11:34am
Msg #135999

Re: It's up to the person drawqing up the document-

It's not your choice - that would be UPL. Have the "inventor" decide what he wants to say or have his lawyer tell you what is needed.

Reply by JO_PA on 7/29/06 11:35am
Msg #136001

Re: Sorry, meant drawing-fingers faster than brain! n/m

Reply by Bob_Chicago on 7/29/06 11:34am
Msg #136000

To put this as gently as possible, Please ........

re-read my reply to your original post.

Reply by DHartley_PA on 7/29/06 11:48am
Msg #136006

Re: To put this as gently as possible, Please ........

Thanks Bob and JO, you've been very helpful. I called the "inventor" and told him to write something or have his lawyer write it, then I'd notarize it. Thanks again!

Reply by Gerry_VT on 7/29/06 11:47am
Msg #136005

Re: As in all cases, the contents of the document ......

It is up to the inventor or inventor's attorney to choose one of the notarial acts that is valid in your state, such as acknowledgement or oath. Can you put the certificate or jurat on the back? If not, you could punch a hole through the 3 sheets and a loose certificate, run ribbon through the hole, and stick the loose ends of the ribbon down with a gold seal. Then apply your embossing seal to the gold seal. Lacking an embosser, you could find a place to seal each page.

For an example of this, see my website, http://users.adelphia.net/~ashtongj (give me a few minutes to get the image up there). You will see letters patent bearing the seal of the US Commissioner of Patents and Trademarks, prepared as I described (except the foil seal is red, not gold, and a metal grommet has been put through the holes in the pages for greater strength).

Of course as a notary you don't need to know this, but the custom at large companies that invent lots of stuff is to have each scientist/engineer keep a bound technical notebook with pre-numbered pages (a lot like a notary journal) and to have two colleages sign and date each page. The wording for the witnesses at IBM, where I used to work, read "Witnessed and understood by ___________ Date _______" (or words to that effect, it's been a while).

Reply by DHartley_PA on 7/29/06 11:56am
Msg #136007

Re: As in all cases, the contents of the document ......

Gerry, thanks for the advice. I think he would feel more comfortable with the gold seal securing all the pages and my embossing seal on the gold seal.

Reply by Becca_FL on 7/29/06 12:51pm
Msg #136019

DHartley, venture down to the Adoption thread and read

the posts by Brenda/TX and me.

Reply by ewing2surf on 7/29/06 12:46pm
Msg #136017

Because of my location (San Diego) I have had many requests to notarize inventions and patent documents. These are always drawn up by a Lawyer or the legel department of the signers employer. On occasion the Lawyers are present when the Document is signed and I have obtained apostilles too. The Documents almost always have a preprinted Acknowledgment and the Affidavits a Jurat. Do not proceed without the client contacting his Lawyer if there is no notarial certificate attached to the document.

Reply by DHartley_PA on 7/29/06 3:21pm
Msg #136036

Thanks for the advice. I did call him and told him to contact his lawyer to prepare a legal document. I will wait to hear from him.

Reply by SarahBeth_CA on 7/30/06 10:07am
Msg #136072

Just to be clear D, make sure that there is a place for him to sign. You're notarizing his signature, not the document. It doesn't matter what the lawyer puts on it if there's no signature there is nothing to notarize.

Reply by SharonMN on 7/30/06 1:00pm
Msg #136094

Re: Unusual Notary Request

I would make it real clear to this person what you are doing in performing a notary act. Example, "By notarizing this form, I am saying that I identified you and you signed this document today. That's all. I am not certifying that this is your invention or giving you any protection for your invention. You need to see a patent lawyer or someone else for that." I have had requests to notarize where people seemed to be under the impression that notarization was a cheap substitute for filing a patent, and I want to make sure people understand a notary's limited role in these things.

The same thing will apply if people want to you notarize a will, an adoption certificate, a car title, a deed - especiallly if taking requests from the general public, make sure they understand what a notary does so they are not under the impression that you are not some great authority making the document "official."

Reply by BrendaTx on 7/30/06 1:06pm
Msg #136099

Re: Unusual Notary Request - Thank you, Sharon.

**make sure they understand what a notary does so they are not under the impression that you are not some great authority making the document "official." **

Now, if it could just be gotten across to notaries what our actual job is as notaries.

Loan signing "certifications" have created an impression that we carry more importance than we actually do because the lesson may not be being taught that the notary part never changes. We ID, we are third party disinterested witnesses, and we take acknowledgments and give oaths. We are not all "that" and a bag of chips.

Reply by SarahBeth_CA on 7/30/06 1:41pm
Msg #136114

Re: Unusual Notary Request

****Example, "By notarizing this form****

Ooops ya did it Sharon. It's a good thing I read your posts in another thread concerning notarizing signatures not documents. I about popped a blood vessel in my head and was about to give a differing version of the document attached to a coconut.

Reply by SharonMN on 7/30/06 2:03pm
Msg #136121

Re: Unusual Notary Request

I consider myself busted, SaraBeth. Of course, I should say, "By notarizing your SIGNATURE.." Not notarizing a form. But I consider that the rest of my sample explanation makes this clear anway.

Reply by SarahBeth_CA on 7/30/06 4:27pm
Msg #136171

Re: Unusual Notary Request

Oh yes totally clear. I just couldn't help myself. In the last month or so there have been so many newbies coming in asking how to notarize a document. It's becoming my second biggest peeve to "what do I put for venue". arggghhhh

Hey the other day the words Notary Republic came out of my mouth and I was like "huh, did I just say that, oh no".

Reply by BrendaTx on 7/30/06 4:31pm
Msg #136172

Re: Unusual Notary Request

**Hey the other day the words Notary Republic came out of my mouth and I was like "huh, did I just say that, oh no".**

Yes, you DID say it, I heard you.

Do you mean the North Central Texas Notary Policemen have not been to your house yet?

I called them right away and told them to put a microphone in your car...surveillance for three months, and if you don't say it again, you'll be allowed to attend the 2007 Notary Prom.

Reply by SarahBeth_CA on 7/30/06 4:49pm
Msg #136176

Re: Unusual Notary Request

Will I get to be in the running for Prom Queen. I always wanted to be prom queen. But darnit you'll be there so my chances are screwed. Alas I am only meant to be a princess. You know princess sounds pretty good. I do not want to be the queen after all. Do we get to sneek in booze?

Reply by LkArrowhd/CA on 7/30/06 1:36pm
Msg #136113

Re: Unusal Notary Request-Joe what does San Diego have

to do with inventions.....what have I missed? Let's see San Diego has the Naval Base....lot of sailors inventing these days? Just curious....

Reply by KBLedgard_CA on 7/30/06 1:45pm
Msg #136115

Re: Unusal Notary Request-Joe what does San Diego have

Lots of biotech companies located out here...some are HQ, some are offices only. There are also A LOT of government contractors. One of the unmanned aircraft was developed out here.

Reply by LkArrowhd/CA on 7/30/06 1:50pm
Msg #136116

Re: Unusal Notary Request-Joe what does San Diego have

But wouldn't this type of inventor already be prepared and more then likely have an attorney on retainer.....

Reply by KBLedgard_CA on 7/30/06 1:52pm
Msg #136118

Re: Unusal Notary Request-Joe what does San Diego have

That I couldn't tell you. I forgot to mention that we also have a lot of telecom companies out here, the biggest being Qualcomm with their CDMA cell phone technology.

Reply by BrendaTx on 7/30/06 2:20pm
Msg #136124

Re: Unusal Notary Request-Joe what does San Diego have

I see what LkA is saying about an attorney. However, I can kinda see a 1979 geek with redhair going to a notary to save a buck on an invention patent/or a software copyright.

By the way, to whomever would like to answer: What is the past tense of copyright? Is it copyrighted?

The other day I read where something was copywritten. It was here, I believe. Copywritten is not correct, though.

Reply by BarbaraL_CA on 7/30/06 2:32pm
Msg #136128

Re: Unusal Notary Request-Joe what does San Diego have

I've done quite a few notarizations at biotech companies.

Reply by LkArrowhd/CA on 7/30/06 3:22pm
Msg #136142

Re: WOW, who knew.... n/m