Chilean Intellectual Property Transfer Album (I) - Patent Transfer

1. How is a patent transferred in Chile? Must it be recorded in the National Patent Register for it to be effective?

• In Chile, industrial property rights, such as patents and trademarks, can be transferred upon the death of the right holder and can be the subject of any type of legal action. Transfers must be documented by at least one private deed signed and witnessed by a notary public. A summary of this deed must be recorded in the margin of the corresponding registration entry. For industrial property rights currently under registration, a private deed or agreement signed and witnessed by a notary public and recorded in the appropriate archives must be submitted.

2. Is it necessary to submit the original patent transfer agreement?

• At least one private deed or agreement signed and witnessed by a notary public must be submitted. For industrial property rights that are still under application, such a deed or agreement must be submitted and recorded in the archives.

3. Does the patent transfer agreement need to be notarized or translated?

• Just free translation.

4. Is there a specific form I must use?

• Yes, a specific form must be used, as established by the Chilean Industrial Property Institute.

5. What are the legal consequences of not registering and filing a patent transfer? What is the effectiveness of the filing?

• If the patent transfer is not registered and filed, the transfer will not be effective against third parties.
• Registration has confirmatory effect.

6. Patent co-ownership

• No special requirements.

7. Is it necessary to appoint a professional agent in your own country for patent transfer registration and filing?

• Yes. Natural or legal persons residing or established abroad must appoint a representative in Chile.

8. Patent transfer registration and filing official fees

• The transfer of ownership of a patent, utility model, design, trademark or layout design of integrated circuits, the licensing of its use, the pledge of its ownership, the change of its name or other encumbrances is subject to the payment of a fee equivalent to one monthly tax unit (approximately US$75).