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

  • Whether the utility model application in Chile can be type-converted

    no

  • Who is the competent authority for invention patent applications in Chile?

    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

  • 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.

  • Is a Chilean industrial design application eligible for DAS?

    yes

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

    via Paris Convention : 6 months from earliest priority date.

  • 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

  • Instructions for Authorization and Annual Fee of Chilean Invention Patent Application

    • 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 accepted, and the annual fee for the second ten-year period must be paid before the expiration of the first ten-year period. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a 20% late fee will be charged at the same time .

  • How long is the protection period of industrial design in Chile?

    10 years

  • Is the design application in Chile convertible?

    no

  • Novelty grace period for industrial design 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