The KIPO announced that it will no longer require non-residents to make a wet-signature on certain documents including powers of attorney.  The KIPO used to accept electronically signed documents only in limited circumstances where the signatory is a Korean resident and the electronic signature has been made in conformity with the strict requirements under the Korean Electronic Signature Act. 

According to the Guidelines for Processing Powers of Attorney and Notarized Documents Requiring for Signature of Non-residents (“Guidelines”) recently issued by the KIPO, electronically signed and/or remotely notarized documents will be accepted in case that the signatory is a non-resident who has neither a domicile nor a place of business in Korea as long as the authenticity of the electronic signature can be verified in one of the following manners. 

1) Case 1: electronic signature in a handwritten form 

In case that the electronic signature on a document is handwritten but digitally captured one, a Korean translation of the document, together with the legal representative’s declaration that the document has been electronically signed by the signatory in person, should be submitted to the KIPO. 

(2) Case 2: electronic signature in other forms

In case that the electronic signature on a document takes the form of typed text, symbol, digital signature, etc., attribute information on the electronic signature verifying the authenticity thereof should be attached to the Korean translation of the document, together with the declaration explained above with regard to Case 1. 

(3) Examples

The Guidelines is also applicable to those patents/patent applications, which have been issued with the KIPO’s notice of amendment requesting the patentee/applicant to submit a signed document or to amend a deficiency in the signature contained in an already submitted document. 

It should be noted that the electronic signature should be made as an integral part of the document; therefore, a document simply accompanied by a scanned image of the signature will be rejected by the KIPO.  Further, the KIPO may require an additional document/material to be submitted in case the authenticity of the electronic signature and/or the integrity of the electronically signed document need be further validated.