Transfer and Licensing

Any member of the University community who believes that an invention, development, creation or other intangible is susceptible to legal protection must communicate it by means of the Declaration of Invention Form in writing to the
University Transfer and Licensing Office (OTL USS). The form is a document containing a detailed description of the invention and is requested via e-mail to otl@uss.cl.

In Chile there are 3 types of protection:

• Copyright and related rights (Law No. 19,039): copyright includes all rights relating to the creation of works of human intellect in the literary, artistic and scientific domains, whatever their form of expression. Related rights protect the rights of performers over their performances.
• Industrial property (Law No. 17,336), which includes patents, utility models, trademarks, geographical indications, industrial secrets and appellations of origin.
• Plant varieties (Law No. 19,342): recognizes the right of any breeder, whether national or foreign, over his variety, granting him the exclusive right to multiply and commercialize the seed or plant of the protected variety during the term of protection.

OTLUSS evaluates, with the participation of the inventor, the description of the innovation and determines the feasibility of protecting the intellectual property related to the invention. The OTLUSS defines the most efficient strategy to initiate the protection process, either via copyright or industrial property. It also analyzes the possible commercial applications (Art. 11, DR Nº37/2017).

As a general rule, the University is the owner of all intellectual property rights over the creations of its employees or others. The above is provided for in the Intellectual Property Regulations of the University.
Art. 2 DR Nº37/2017). If the invention is commercialized and licensed, a benefit mechanism is established in favor of the Inventor addressed in the Intellectual Property Regulation (Art.14 DR Nº37/2017).

The protection process for industrial property is carried out before the National Institute of Industrial Property (INAPI) and for copyright and related rights it is carried out before the Department of Intellectual Rights (DDI). The terms and fees considered will depend on the type of intellectual protection. As a general rule, industrial protection requires more time and resources than intellectual protection. The protection process involves at all times the active support of the OTL, the participation of experts and the monitoring of progress until protection is obtained.

It is a Company recognized by the University, in which it participates together with members of the university community or third parties whose exclusive purpose is the viable commercial exploitation of Universidad San Sabastian technologies.

It must comply with the following requirements:

• That its exclusive purpose be the commercial exploitation of University Technology.
• That the goods, services or technological advances developed at the University and made available to the market are innovative and viable.
• That members of the University Community and/or graduates participate.
• That the Spin Off entity or company be legally constituted as a Public Limited Company (S.A.) or a Joint Stock Company (SpA), or other corporate structure proposed by the OTL and approved by the Intellectual and Industrial Property Committee of Universidad San Sabastian.

The procedure involves:

• Submission of the proposal to the Intellectual and Industrial Property Committee.
• The Committee must propose to the Rector the approval or rejection of the application submitted, within 60 days. If there is no pronouncement, it will be understood as rejected.
• The Committee must resolve by means of a well-founded resolution. If the resolution is negative, it may include recommendations to remedy the insufficiencies. If a new presentation is made, it must be carried out within a maximum period of 30 days.
• Once the application is approved by the Rector, the USS OTL enters it in the USS Spin Off companies registry, which it will keep for this purpose, with all the data related to its status and other information deemed necessary, which will be reviewed by the Committee to determine whether it is in full compliance with the Regulations.

The participation of the University in the capital stock of the Spin Off company may be carried out directly or through a different legal entity, owned by the University, which may be constituted especially for this purpose.

The University may participate in the Spin Off in any of the following ways:

• By financing its initial implementation and carrying out activities directly related to the Spin Off company.
• Patents, technologies or know how provided by the University.
• Contribution of assets or goods, rights, services or infrastructures, duly valued different from the technology or industrial property provided or any other contribution specified by the parties.