1. Patents: Assignment
    1. 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 
    2. 2. Which formalities must be met to record a patent assignment? Which supporting documents are required?
    3. 2.1 Are original supporting documents essential or are copies sufficient?
    4. 2.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 2.3 Is there a must to use a specific form?
    6. 3. What are the legal consequences of not recording the patent assignment? Does the record in the patent register have declarative or constitutive effect?
    7. 4. Are there specific formalities in case the patent is held by more than one proprietor? 
    8. 5. Is there a need to appoint a domestic professional representative?
    9. 6. Which official fees (if any) arise from recording a patent assignment?
  2. Patents: Licensing
    1. 7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)? 
    2. 8. Which formalities must be met to record a patent licence? Which supporting documents are required?
    3. 8.1 Are original supporting documents essential or are copies sufficient?
    4. 8.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 8.3 Is there a must to use a specific form?
    6. 9. What are the legal consequences of not recording the patent licence? Does the record in the patent register have declarative or constitutive effect?
    7. 10. Is there a need to appoint a domestic professional representative?
    8. 11. Which official fees (if any) arise from recording a patent licence?
  3. Patents: Pledge
    1. 12. It is possible to pledge a patent? If yes, is it required to record such pledge in the patent register?
  4. Trademarks: Assignment
    1. 1. How may a trademark be assigned (by law and/or transaction) and is it required to record the assignment in the national trademark register to become effective? 
    2. 2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?
    3. 2.1 Are original supporting documents essential or are copies sufficient? 
    4. 2.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 2.3 Is there a must to use a specific form?
    6. 3. What are the legal consequences of not recording the trademark assignment? Does the record in the trademark register have declarative or constitutive effect?
    7. 4. Are there specific formalities in case the trademark is held by more than one proprietor? 
    8. 5. Are there specific formalities in case a trademark is only partially assigned? 
    9. 6. Is there a need to appoint a domestic professional representative?
    10. 7. Which official fees (if any) arise from recording a trademark assignment?
  5. Trademark: Licensing
    1. 8. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 
    2. 9. Which formalities must be met to record a trademark licence? Which supporting documents are required?
    3. 9.1 Are original supporting documents essential or are copies sufficient? 
    4. 9.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 9.3 Is there a must to use a specific form?
    6. 10. What are the legal consequences of not recording the trademark licence? Does the record in the trademark register have declarative or constitutive effect? 
    7. 11. Are there specific formalities in case a trademark is only partially licenced? 
    8. 12. Is there a need to appoint a domestic professional representative?
    9. 13. Which official fees (if any) arise from recording a trademark license?
  6. Trademark: Pledge
    1. 14. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

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Patents: Assignment

1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 

Industrial property rights (patents or trademarks) shall be transferable on death and may be the subject of any type of legal act, which shall be evidenced by at least a private deed signed before the notary.

An extract thereof shall be noted in the margin of the respective entry.

With regard to transfers involving pending applications for the registration of industrial property rights, a private deed signed before the notary and recorded in the respective file shall be sufficient.   

2. Which formalities must be met to record a patent assignment? Which supporting documents are required?

2.1 Are original supporting documents essential or are copies sufficient?

At least a private deed signed before the notary. With regard to transfers involving pending applications for the registration of industrial property rights, a private deed signed before the notary and recorded in the respective file shall be sufficient.

2.2 Are there any legalization and/or notarization and/or translation requirements?

Free translation

2.3 Is there a must to use a specific form?

Yes

If the assignment is not recorded, it does not produce effects with respect to third parties.

Registration has a declarative effect.

4. Are there specific formalities in case the patent is held by more than one proprietor? 

No

5. Is there a need to appoint a domestic professional representative?

Yes, natural persons or legal entities resident abroad shall, for the purposes of this Law, appoint an agent or representative in Chile.

6. Which official fees (if any) arise from recording a patent assignment?

Transfers of ownership, licences for use, pledges and changes of name or any other type of encumbrance affecting a patent, utility model, industrial design, trademark or layout design or topography of integrated circuits, shall be recorded following payment of a fee equivalent to one monthly tax unit (approx. USD 75 each one). 

Patents: Licensing

7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)? 

There are voluntary and non-voluntary licences.

The voluntary patents must be recorded. If not, it may not be invoked against third parties until they have been registered with the Department.

8. Which formalities must be met to record a patent licence? Which supporting documents are required?

8.1 Are original supporting documents essential or are copies sufficient?

At least a private deed signed before the notary. With regard to transfers involving pending applications for the registration of industrial property rights, a private deed signed before the notary and recorded in the respective file shall be sufficient.  

8.2 Are there any legalization and/or notarization and/or translation requirements?

Free translation

8.3 Is there a must to use a specific form?

Yes

If the patent assignment is not recording, does not produce effects with respect to third parties.

The record has a declarative effect.

10. Is there a need to appoint a domestic professional representative?

Yes, natural persons or legal entities resident abroad shall, for the purposes of this Law, appoint an agent or representative in Chile.

11. Which official fees (if any) arise from recording a patent licence?

Transfers of ownership, licences for use, pledges and changes of name or any other type of encumbrance affecting a patent, utility model, industrial design, trademark or layout design or topography of integrated circuits, shall be recorded following payment of a fee equivalent to one monthly tax unit (approx. USD 75 each one).

Patents: Pledge

12. It is possible to pledge a patent? If yes, is it required to record such pledge in the patent register?

Yes.

Yes.

Trademarks: Assignment

1. How may a trademark be assigned (by law and/or transaction) and is it required to record the assignment in the national trademark register to become effective? 

Industrial property rights (patents or trademarks) shall be transferable on death and may be the subject of any type of legal act, which shall be evidenced by at least a private deed signed before the notary.

An extract thereof shall be noted in the margin of the respective entry.

With regard to transfers involving pending applications for the registration of industrial property rights, a private deed signed before the notary and recorded in the respective file shall be sufficient.

2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?

2.1 Are original supporting documents essential or are copies sufficient? 

At least a private deed signed before the notary. With regard to transfers involving pending applications for the registration of industrial property rights, a private deed signed before the notary and recorded in the respective file shall be sufficient.

2.2 Are there any legalization and/or notarization and/or translation requirements?

Free translation.

2.3 Is there a must to use a specific form?

Yes

If the assignment is not recorded, it does not produce effects with respect to third parties.

Registration has a declarative effect.

4. Are there specific formalities in case the trademark is held by more than one proprietor? 

No.

5. Are there specific formalities in case a trademark is only partially assigned? 

No.

6. Is there a need to appoint a domestic professional representative?

Yes, natural persons or legal entities resident abroad shall, for the purposes of this Law, appoint an agent or representative in Chile.

7. Which official fees (if any) arise from recording a trademark assignment?

Transfers of ownership, licences for use, pledges and changes of name or any other type of encumbrance affecting a patent, utility model, industrial design, trademark or layout design or topography of integrated circuits, shall be recorded following payment of a fee equivalent to one monthly tax unit (approx. USD 75 each one).

Trademark: Licensing

8. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 

Only voluntary and must be recorded to become effective to third parties.

9. Which formalities must be met to record a trademark licence? Which supporting documents are required?

9.1 Are original supporting documents essential or are copies sufficient? 

At least a private deed signed before the notary. With regard to transfers involving pending applications for the registration of industrial property rights, a private deed signed before the notary and recorded in the respective file shall be sufficient.

9.2 Are there any legalization and/or notarization and/or translation requirements?

Free translation

9.3 Is there a must to use a specific form?

Yes

If the assignment is not recorded, it does not produce effects with respect to third parties.

Registration has a declarative effect.

11. Are there specific formalities in case a trademark is only partially licenced? 

No.

12. Is there a need to appoint a domestic professional representative?

Yes, natural persons or legal entities resident abroad shall, for the purposes of this Law, appoint an agent or representative in Chile.

13. Which official fees (if any) arise from recording a trademark license?

Transfers of ownership, licences for use, pledges and changes of name or any other type of encumbrance affecting a patent, utility model, industrial design, trademark or layout design or topography of integrated circuits, shall be recorded following payment of a fee equivalent to one monthly tax unit (approx. USD 75 each one)

Trademark: Pledge

14. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

Yes.

Yes.