In Chile, the standard period for filing a patent application that claims conventional priority is 12 months from the priority date, in accordance with the Paris Convention. If this 12-month period is missed, Chilean law allows for the restoration of the right of priority within two months following the expiration of the original priority period. To request this restoration, the applicant must submit a request along with the application, pay the corresponding fee, provide reasons for the delay, and supply supporting evidence.
Documents required to file a Patent in Chile
The documents that are required to file a patent in Chile are the following:
Application Form and Technical Sheet: These forms can be obtained from the National Institute of Industrial Property (INAPI) and should be completed with:
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- Full name, address, and nationality of the applicant (individual or corporation).
- Full name and address of the inventor(s).
- Type of application and priority date, if applicable.
- A clear and precise title of the invention.
- A summary of the invention, its field of application, and the technical problem it aims to solve. The summary should not exceed 1,600 characters and may include a figure.
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Specification or Description: This document must provide a detailed, clear, and complete description of the invention, enabling a person skilled in the relevant field to reproduce it. For patents and utility models, the specification should include:
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- Description of prior art in the field.
- Description of included drawings, if any.
- Detailed description of the invention.
- Examples of the invention’s application, if applicable.
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Claims: One or more claims defining the scope of the patent protection sought.
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- Drawings: Any drawings referred to in the description or claims, if applicable.
- Abstract: A brief summary of the invention.
- Power of Attorney: If the applicant designates a representative, a power of representation must be submitted.
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Assignment of Rights: If the applicant is not the inventor, an assignment of rights document is required.
Priority Document: If priority is claimed, a certified copy of the priority document must be submitted within 90 working days from filing.
Spanish Translation: All documents must be submitted in Spanish. If the original documents are in another language, a Spanish translation is required.
- Translation of the foreign patent application to the local language if extending the original application.
- Officially certified priority document, including translation if needed, priority number, and country of origin. In PCT cases a priority document is not needed, but a Power of Attorney and an Assignment document with Spanish translation is required.
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How to file a Patent in Chile?
The certified priority document can be presented within 90 working days after the filing for patents. The application may be filed in any other foreign language; however, the term for submission of the Spanish translation is 30 days from the filing date. Patents in Chile are valid for 20 years from the filing date.
To obtain the filing date, it is necessary to provide the Chilean Patent Office (INAPI) with the patent claims, title, and abstract in Spanish and the information regarding the applicant(s) and the inventor(s). For PCT cases, a power of attorney must be submitted within 60 days from the filing date, and an assignment document must be provided within 30 days, both with a Spanish translation.
The request for the substantive examination should be filed within 60 working days from the end of the opposition period, which lasts 45 working days from the publication of the application.
For foreign patent applicants, it is necessary to perform patent prosecution through a registered Chilean patent attorney.
Do you need help in the process? Follow this step by step guide
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.
