Can the priority right of Chilean utility model 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

  • 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 protection period of industrial design in Chile?

    10 years

  • Characteristics of Chilean design patent application process

    INAPI conducts formal and substantive examinations of designs. After completing the formality examination, the applicant must extract the extract and publish it in the Official Gazette by INAPI 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, no matter whether there is an opposition or not, the substantive examination fee must be paid and the payment voucher must be submitted to the Chilean Patent Office. A design that can be registered in Chile 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.

  • 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.

  • How long does it take to authorize an industrial design in Chile?

    1-2 years

  • What are the requirements for utility model application documents in Chile?

    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. Power of Attorney
    2. Scanned Copy of Certified Priority Document / DAS
    3. Spanish translation of priority certificate
    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. Entry into the Chilean national phase 19/28/34/41 Amendments
    4. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

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

    yes

  • Can the priority right of Chilean utility model application be restored?

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

  • Instructions for Authorization of Utility Model Application and Annual Fee in Chile

    • 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.

  • Whether the Chilean invention patent application can be type-converted

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