Restoration of rights request in Chilean patent application

In Chile, any patent application deemed abandoned due to failure to comply with the requirements of the Chilean Intellectual Property Office INAPI can file a request for restoration of rights if the relevant conditions are met (excluding the preliminary examination stage, where the penalty is that the application is deemed abandoned if it is not submitted). If the required corrections can be completed within 45 working days, the rights can be restored. For the request for restoration of rights, the applicant must pay a payment receipt for the restoration of rights request fee of 2 UTMs. The following conditions must also be met:

• Failure to publish the summary within 20 days after acceptance, or failure to publish the summary within the prescribed 20 days after the substantive examination of the industrial design and drawings certificate is passed
• Failure to pay the substantive examination fee within 60 days of the notification request
• The final fee is not paid within 60 days from the date the authorization registration takes effect
• During the examination stage, the formal amendment request submitted by the applicant was not corrected within the prescribed period.

In all the above cases, the application can be reinstated as long as the required corrections are completed within the reinstatement period and 2 UTM fee payment receipts are submitted. Otherwise, the application will be deemed to be finally abandoned.