To file a Patent in Chile, the National Institute of Intellectual Property (INAPI) is the state agency responsible for the application of the intellectual property protection laws.
What is a patent in Chile?
A patent in Chile is an exclusive right granted by the country for the protection of an invention, which grants the holder an exclusive right to sell and/or relinquish their right to third parties to commercialize under a license. It also enables the right to prevent third parties, without authorization, from performing acts of manufacture, use, offer for sale, sale or import the patented product or procedure.
How to file a patent in Chile?
The official language of a patent application in Chile is Spanish. The application may be filed in any foreign language.
Filing a Patent in Chile must contain the following documents:
- Full name and address of the applicant, whether an individual or a corporation.
- Full name, address and citizenship of the Inventors.
- A patent description: Including the Claims, Abstract and Drawings if applicable.
- Translations, if the patent application is in a foreign language.
- Power of Attorney, duly signed by applicant. It is requested by means of a formal Office Action.
How is the Patent process in Chile?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation using:
–Online Portal
-Personally at the INAPI. - Preliminary Examination: From an administrative process it is verified that the information on the forms is complete and adequate in order to continue processing. It is also verified that the abstract filed correctly describes the invention to be patented. Further, the Patent Office will review the necessary documents.
If any of the requirements are not complete on the submission form, the INAPI will issue a notification to complete the missing information/documents within a term which is extendable upon request.
- Publication: After the preliminary examination, the applicant must request publication. From that moment anyone can access its content and submit comments within the next 60 days. The observations made by third parties function as recommendations to be evaluated by the examiners. Within the first 18 months the application can be requested to be published. Once the application is published in the Official Gazette, there is a 45 days period for third parties to file oppositions against these applications for patents.
- Examination: The Request for examination must be filed within 2 months from the publication of the application. Patent examiners conduct a search in national and international databases to determine if the application meets the requirements of patentability. In Chile it is possible to request an accelerated examination under the PPH (Patent Prosecution Highway).
Also, you may need to file a patent in Argentina
Patent term:
20 years from the date of filing of the application or the international filing date for National Phases.
Priority:
A patent in Chile is signatory to the PCT treaty. The time limit for the PCT national phase entry is 30 months from the earliest date of priority and 12 months for non-PCT application.
Grant, validity term and maintenance fees
The official grant fee for Chilean patent application should be paid within 60 days from issuing the notice of allowance. After the patent has been granted, the first ten years fee must be paid. The second 10 year period will be due after the first 10 years of validity.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Chile through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of Argentina.
