Can the priority right of Chilean invention patent application be restored?

Submitted by 页之码 on

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

专利申请流程

CL Chile

  • How long is the protection period for utility model applications in Chile?

    10 years

  • Instructions for Authorization of Designs and Annual Fees in Chile

    • Grant fee: The applicant needs to pay the granted fee within 60 days after the granted notice, and the granted fee includes the maintenance fee for the first five-year validity period
    • 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.

  • How long is the deadline for filing an industrial design application in Chile?

    via Paris Convention : 6 months from earliest priority date.

  • Novelty grace period for utility model applications in Chile

    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

  • Is a Chilean industrial design application eligible for DAS?

    yes

  • How many years is the protection period of Chilean invention patent application

    20 years

  • Is a utility model application in Chile eligible for DAS?

    yes

  • Novelty Grace Period for Chilean Invention Patent Application

    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

  • What are the requirements for the Chilean invention patent application documents

    Filing Language: Spanish

    via Paris Convention via 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. Certificate of Deposit of Microorganisms and its Spanish translation
    3. Certificate of Microbiological Survival and its Spanish translation
    4. Power of Attorney
    5. Scanned Copy of Certified Priority Document / DAS
    6. Spanish translation of priority certificate
    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. Entry into the Chilean national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its Spanish translation
    6. Certificate of Microbiological Survival and its Spanish translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer

  • How long is the PCT period for a Chilean invention patent application?

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