Filing a patent application in Chile can be a complex process, especially for international applicants unfamiliar with local procedures. To ensure your invention is protected, it’s important to submit the required documentation on time and in accordance with the Chilean Patent Office (INAPI) regulations. Whether you’re filing under the Paris Convention or through the Patent Cooperation Treaty (PCT), knowing what to submit—and when—can make all the difference. This guide outlines the key documents and steps needed to file a patent in Chile successfully.
Documents Needed for Chilean Patent Applications
The documents that are required to file a patent in Chile are the following:
These forms can be obtained from the National Institute of Industrial Property (INAPI) and should include:
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Full name, address, and nationality of the applicant (individual or corporation).
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Full name and address of the inventor(s).
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Type of application and priority date, if applicable.
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A clear and precise title of the invention.
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A summary of the invention, its field of application, and the technical problem it aims to solve.
Specification or Description
This must be a detailed, clear, and complete explanation of the invention, enabling a person skilled in the relevant field to reproduce it. For patents and utility models, include:
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Prior art in the field
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Description of any drawings
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Technical details of the invention
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Examples of the invention’s application (if applicable)
Claims
Include one or more claims that clearly define the scope of protection sought for the invention.
Drawings
Submit any drawings referred to in the description or claims.
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Abstract
Include a brief summary of the invention, outlining its purpose and functionality.
Power of Attorney
If a representative files on behalf of the applicant, you must submit a Power of Attorney (with Spanish translation, if in another language).
Assignment of Rights
If the applicant is not the inventor, an Assignment of Rights document is required.
Priority Document
When claiming priority, submit a certified copy of the priority document within 90 working days from the filing date.
Spanish Translation
All documents must be submitted in Spanish. If they were originally drafted in another language, a certified Spanish translation must accompany the application.
How Long Do You Have to File Key Documents?
To file a patent in Chile, applicants must submit the certified priority document within 90 working days from the filing date. While they may initially file the application in a foreign language, they must provide a Spanish translation of the entire application—including the claims, abstract, and title—within 30 calendar days. Failing to submit the translation on time may lead to delays or even rejection of the application.
Once granted, patents in Chile remain valid for a period of 20 years from the filing date. However, applicants must pay all required maintenance fees to keep the patent in force throughout that term.
What Information Do You Need to Secure a Filing Date?
To obtain an official filing date, applicants must provide the Chilean Patent Office (INAPI) with several key items. These include the patent title, abstract, and claims in Spanish, along with the full names and contact details of both the applicant(s) and the inventor(s).
For PCT (Patent Cooperation Treaty) applications, applicants must submit a Power of Attorney within 60 days of filing. If the applicant is not the inventor, they must also include an Assignment of Rights document within 30 days. In both cases, INAPI requires certified Spanish translations of these documents.
Being proactive with document preparation is crucial to avoid costly delays or rejection during formal review.
What Comes After Filing?
Once INAPI publishes the application in the Chilean Patent Gazette, a 45-working-day opposition period begins. During this time, third parties may challenge the application. After the opposition window closes, the applicant has 60 working days to request a substantive examination. This examination is essential for moving the patent toward approval.
International applicants must work with a registered Chilean patent attorney, who will file the application on their behalf and ensure compliance with local laws. This representative is also responsible for responding to official actions and guiding the application through prosecution.
Do you need help in the process? Follow this step by step guide
Frequently Asked Questions
Q: How long is a patent valid in Chile?
A: Patents in Chile are valid for 20 years from the filing date.
Q: Can I file in English and translate later?
A: Yes, but you must submit the Spanish translation within 30 days from the filing date.
Q: What happens if I miss the 12-month priority deadline?
A: Chilean law allows restoration of priority rights within two months after expiration, provided you submit a request, supporting evidence, and pay the required fee.
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client.
Also, you may want to learn how to file a trademark in Chile.
Goytia & Associates has local offices in Mexico and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
