Patent Application Encyclopedia

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.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

12-14 months

no

• Grant fee: Pay the granted official fee within 3 months after receiving the granted notice (no extension) and pay the annual fee due in the year of granted at the same time.
• Annuity: The annual fee is calculated from the first year, and the annual fee should be paid within 3 months after receiving the granted notice. The payment deadline for subsequent annual fees is the day before the announcement date of each year. If the annual fee is overdue, the payment can be postponed within the grace period of 6 months, and the penalty should be paid at the same time.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

If the disclosure is caused by the inventor or the information source of the discloser is the inventor; or if the disclosure occurs again after being disclosed by the above-mentioned subject, the patent enjoys a novelty grace period within 12 months before the filing date/priority date.

• Authorization Fee: None
• Annuity: The applicant should pay the first annual fee at the beginning of the 5th year from the application date. If it is authorized at the beginning of the 5th year, it must be paid within 60 days from the date of granted. If the annual fee is overdue, it can be paid within 120 days of the overdue period. The annual fee can be paid for multiple years at one time.

Reinstatement of priority is accepted on grounds of "due care."

It is protected for 10 years from the date of application, and can be renewed for 3 times, each time for 5 years, with a maximum protection of 25 years.

The novelty grace period of the year preceding the filing date/priority right is granted if:

• The disclosure was caused by a third party illegally obtaining patent information
• The disclosure resulted from a breach of confidentiality by a person who obtained the patent information directly or indirectly from the applicant
• The disclosure was made by a government agency or a person authorized by a government in the investigation of an invention
• Disclosure results from a public exercise of reasonableness by the patentee or designee, the original owner of both, or a person with the consent of one of the foregoing
• A one-year novelty grace period if the evidence is submitted prior to review if the first disclosure was made after December 30, 2018, by:
  • patentee or designee
  • Original right holder of the patentee or designee
  • A person with the consent of the original right holder of the patentee or designee

A novelty grace period of 6 months is available if:

• With the consent of the inventor, the invention is exhibited at a specific exhibition or used for the exhibition
• Use or disclose inventions after the above exhibitions

The JPO conducts formality examination and substantive examination of invention patent applications. The applicant should submit a request for substantive examination within 3 years from the filing date. The JPO makes an granted decision if it determines after review that no grounds for refusal have been found.

20 years

2-2.5 years

10 years

The novelty grace period is 6 months before the filing date/priority date.

yes. A maximum of 50 designs may be included under the same Locarno category.