To file a patent in Chile, you submit your application to the National Institute of Intellectual Property (INAPI), the state agency that enforces intellectual property protection laws.
What is a patent in Chile?
A patent in Chile grants the holder exclusive rights to protect an invention. The holder can sell or license these rights to third parties. Additionally, the patent allows the holder to prevent unauthorized third parties from manufacturing, using, offering for sale, selling, or importing the patented product or process.
How to file a patent in Chile?
The official language for patent applications in Chile is Spanish, but you may file the application in any foreign language.
To file a patent in Chile, you must submit the following documents:
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Full name and address of the applicant, whether an individual or a corporation.
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Full name, address, and citizenship of the inventors.
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A patent description, including the claims, abstract, and drawings if applicable.
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Translations, if you file the application in a foreign language.
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A Power of Attorney, duly signed by the applicant, which the office requests via a formal Office Action.
How is the Patent process in Chile?
Application submission: The procedure begins by submitting the form and complete documentation either through the Online Portal or personally at INAPI.
Preliminary Examination: During this administrative process, INAPI verifies that the information on the forms is complete and adequate to continue processing. Additionally, they check whether the abstract accurately describes the invention to be patented. Moreover, the Patent Office reviews all necessary documents. If any requirements are missing or incomplete, INAPI will issue a notification requesting the applicant to complete the missing information or documents within a given deadline, which can be extended upon request.
Publication: After the preliminary examination, the applicant must request publication. From that moment, anyone can access the application’s content and submit comments within the following 60 days. These third-party observations serve as recommendations for the examiners to consider. Within the first 18 months, the applicant may request the application to be published. Once published in the Official Gazette, there is a 45-day period during which third parties may file oppositions against the patent application.
Examination: The applicant must file a request for examination within 2 months from the application’s publication. During this phase, patent examiners conduct searches in national and international databases to determine whether the application meets patentability requirements. Furthermore, applicants may request an accelerated examination through the Patent Prosecution Highway (PPH) program in Chile.
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.
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This content may suffer modifications due to updates in the official regulations of Chile.
