Guide for Chile patent application process

Patent Trademark

Chile Profile

Chile, officially the Republic of Chile, is a long, narrow country in southwestern South America. It borders the Andes Mountains to the east and the Pacific Ocean to the west. It borders Argentina to the east, Bolivia to the northeast, and Peru to the north. Chilean territories include Juan Fernandez Islands, ZaragomezRead more

Chile Profile

Chile, officially the Republic of Chile, is a long, narrow country in southwestern South America. It borders the Andes Mountains to the east and the Pacific Ocean to the west. It borders Argentina to the east, Bolivia to the northeast, and Peru to the north. Chilean territories include Juan Fernandez Islands, Zaragomez Islands, Des Ventedes Islands and Easter Island.

Chilean Intellectual Property Legal System

  • "Intellectual Property Law"

International Organization/Agreement

  • Beijing Treaty on Audiovisual Performances
  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Trademark Law Treaty
  • Brussels Convention on the Sending of Program Signals for Satellite Transmissions
  • Patent Cooperation Treaty (PCT)
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Paris Convention for the Protection of Industrial Property
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • "Convention Establishing the World Intellectual Property Organization"
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Berne Convention for the Protection of Literary and Artistic Works
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Filing Language
spanish

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Chilean National Institute of Industrial Property

English: National Institute of Industrial Property, abbreviation: INAPI

URL: Home (inapi.cl)

Chilean Invention Patent Search: INAPI - Consulta de Patentes

Filing Language: Spanish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Spanish Translation
  3. Viability Statement of Microorganism and Spanish Translation
  4. Power of Attorney
  5. Scanned Copy of Certified Priority Document / DAS
  6. Spanish translation of Certified Priority Document 
  7. Declaration of Ownership/Certification of Employment/Assignment of Priority
  8. Assignment for Patent Right Transfer
  9. Notification issued by CNIPA notify the applicant the application has passed through the security review

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Spanish Translation
  6. Viability Statement of Microorganism and Spanish Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

INAPI conducts formality and substantive examinations for invention patent applications. After completion of the formality examination, the applicant must publish the extract in the Official Gazette within 60 working days. Any interested party can file an opposition to the patent application within 45 days after publication. Within 60 days after the end of the opposition period, regardless of whether there is an opposition, the prescrirbed fee must be paid and the payment receipt must be filed to INAPI. INAPI will assign an expert in the technical field to conduct the substantive examination. The applicant shall repponse the office action within 60 days and if there is no office action issued by INAPI within 60 days, the application will be granted. 

The novelty of the invention shall not affect the application if the invention is disclosed directly or indirectly due to the following reasons within 6 months before the filing the application:

  • Practical test and construction of machinery and instruments that the applicant needs to carry out in preparation for the invention.
  • The applicant or inventor exhibits at an officially held or recognized exhibition.
  • Malicious disclosure by third parties.

2-5 years

  • Grant Fee: The granted fee should be paid within 60 days of the issuance of the granted notice.
  • Annuity: The annual fee is paid in two installments. The annual fee for the first ten-year period must be paid when the application is granted, and the annual fee for the second ten-year period must be paid before the expiration of the first ten-year period. If overdue, it can be paid within a grace period of 6 months, and a 20% penalty will be paid at the same time .

Reinstatement of priority is accepted on the grounds of "unintentional" and "unintentional/due care".

Yes

Yes, an invention can be converted into a Utility Model, and the converted application has the filing date of the initial application.

Name of Patent Office

Chilean National Institute of Industrial Property

English: National Institute of Industrial Property, abbreviation: INAPI

URL: Home (inapi.cl)

Chilean Utility Model Patent Search: INAPI - Consulta de Patentes

Filing Language: Spanish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Scanned Copy of Certified Priority Document / DAS
  3. Spanish translation of Certified Priority Document
  4. Declaration of Ownership/Certification of Employment/Assignment of Priority
  5. Assignment for Patent Right Transfer
  6. Notification issued by CNIPA notify the applicant the application has passed through the security review

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer

10 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

INAPI conducts formal and substantive examinations of utility model patent applications. After completing the formality examination, the applicant must extract the extract and publish it in the Official Gazette by INAPI within 60 working days. Within 45 days after publication, any interested party can file an opposition to the patent application. Within 60 days after the end of the opposition period, regardless of whether there is an opposition, the substantive examination fee must be paid and the payment voucher must be submitted to the Chilean Patent Office; and specified in INAPI Experts in the technical field enter the stage of substantive examination. The applicant shall reply within 60 days to the review opinions put forward by the technical experts; if there is no report within 60 days, it can be authorized.
 

The novelty of the invention shall not be affected if the invention is disclosed directly or indirectly due to the following reasons within 6 months before the filing of the application:

  • Practical testing and construction of machinery and instruments that the applicant needs to carry out in preparation for the invention
  • The applicant or inventor exhibits at an officially held or recognized exhibition
  • Malicious disclosure by third parties

  • Grant fee: The applicant shall pay the granted fee within 60 days after receiving the granted notice.
  • Annuity: The annual fee is paid in two installments, once every five years. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a 20% late fee is required.

1 year

Reinstatement of priority is accepted on the grounds of "unintentional" and "unintentional/due care".

No

Yes

Name of Patent Office

Chilean National Institute of Industrial Property

English: National Institute of Industrial Property, abbreviation: INAPI

URL: Home (inapi.cl)

Chilean Design Patent Search: INAPI - Consulta de Patentes

Filing Language: Spanish

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Power of Attorney
  3. Certified Priority Document
  4. Spanish translation of Certified Priority Document
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer

15 years

via Paris Convention : 6 months from earliest priority date.

INAPI conducts formality and substantive examinations for designs application. After completing the formality examination, the applicant must publish the extract in the Official Gazette within 60 working days. Any interested party can file an opposition within 45 days after publication. Within 60 days after the end of the opposition period, no matter whether there is an opposition or not, the prescribed fee must be paid and the payment receipt must be filed to INAPI. A design can be two-dimensional, three-dimensional or an overall appearance consisting of registrable outlines, colors, shapes, textures, design materials, decorations, packaging, graphic symbols, and typography.

The novelty of the invention shall not be affect the invention if it is disclosed directly or indirectly due to the following reasons within 6 months before the filing of the application:

  • Practical testing and construction of machinery and instruments that the applicant needs to carry out in preparation for the invention.
  • The applicant or inventor exhibits at an officially held or recognized exhibition.
  • Malicious disclosure by third parties.

  • Grant fee: The applicant needs to pay the granted fee within 60 days after receipt of the granted notice, and the granted fee includes the first 5-year annuity.
  • Annuity: The annual fee for the subsequent second five-year validity period can be paid at the same time as the first annual fee, or it can be paid within the first five-year validity period. If the annual fee is overdue, it can be paid within a six-month grace period, and Pay late fees at the same time.

1-2 years

No

Yes

No

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