Chilean Intellectual Property Transfer Special Edition (Part 2) - Patent Licensing and Pledge

1. Patent licensing format and filing requirements in Chile

• Chilean patent licenses include voluntary licenses and non-voluntary licenses. Voluntary licenses must be recorded, otherwise they cannot be used against third parties.

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

• Yes, at least a private deed or agreement signed by a notary 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 black party in a patent transfer need to be notarized, authenticated, or translated?

• Just free translation.

4. Is it necessary to use a specific form to record a patent license?

• Yes. You must use a specific form provided by the Chilean Industrial Property Institute.

5. What are the legal consequences of not filing a patent license?

• If not registered, the license will not be effective against third parties.
• Registration has confirmatory effect.

6. Is it necessary to appoint a professional representative in my country?

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

7. Official fees for patent license filing

• The official fee for each patent license is approximately US$75.

8. Is a patent pledge permitted in Chile? Is it necessary to file a record?

• Yes, a patent pledge is possible in Chile and must be recorded with the Chilean Industrial Property Institute.