Chile Chapter of Global Patent GO——Introduction to Patent Application in Chile

New Energy in the Copper Kingdom

Due to labor demand and dissatisfaction with BHP Billiton (BHP)'s measures and attitudes in dealing with safety accidents in copper mining activities, Escondida, the world's largest copper mine, recently had a collective strike action, which affected the entire international futures market At the same time, it also brought the country of Chile into the public eye.

In South America, Chile, Chile and Brazil are listed as ABC powers. It is the country with the narrowest terrain in the world. It is located in the southwest of South America and at the western foot of the Andes Mountains. It has very rich mineral resources, forest resources and fishery resources. Its copper reserves, Both output and export volume rank first in the world, and it is a well-deserved "copper kingdom". But at the same time, Chile's traditional energy reserves are not large, especially chemical energy such as coal, oil and natural gas is extremely short, and 80% of it needs to rely on imports.

In this context, Chile's solar energy, wind energy, geothermal energy and other renewable energy industries have developed extremely rapidly and occupied a very important position in economic development. The Chilean government has also adopted various policies to encourage scientific and technological research and development and the development of new energy projects. As early as 2016, Chile issued an energy strategy called 'Energy 2050', with the goal of 70% of the country's power generation by 2050. renewable energy. For high-tech enterprises with an investment of no less than 2 million US dollars, the Chilean Production Promotion Agency can provide different financial assistance for each stage of research and development. The government has also introduced various financial support measures to encourage the development of new energy, including convenient loan conditions, financial subsidies for pre-investment feasibility studies of strategic projects, etc. Chile was also one of the first countries to sign a cooperation memorandum of understanding on the joint construction of the “Belt and Road” with China, which provides very convenient conditions for Chinese companies to invest and develop in Chile. In December 2020, in the "Climatescope 2020 Emerging Market Outlook" report released by Bloomberg New Energy Finance, Chile even overtook India and jumped to the top of the world with a score of 2.85, while the other four countries that entered the top five in the world were India and Brazil. , Jordan, and China, it can be seen that the profit prospect of new energy-related technology patent applications in Chile is very optimistic.

Chile's intellectual property system is relatively mature, and was once rated as the second largest innovative intellectual property institution in the world by WTR. As early as 1859, Chile passed the first law on patents and is a member of both the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization (WIPO). Chile has implemented a new intellectual property law since May 9, 2022. This law has amended the Intellectual Property Law No. 19,039 that has been in force in Chile since 1991 and Law No. 20,254 promulgated by the National Institute of Industrial Property. It is a Chilean intellectual property law. One of the major changes in 30 years.

Introduction to the Chilean Patent System

1. Chilean patent application filing language

Spanish.

2. Types of patent protection

Inventions, utility models, and designs.

3. Paths for Chinese applicants to apply for patents in Chile

The Paris Convention and via Nationalization of PCT s have entered the Chilean national phase.

4. Review unit

The Chilean National Institute of Industrial Property (Instituto Nacional de Propiedad industrial, INAPI) is responsible for the examination and registration of Chilean patents (including inventions, utility models, designs, industrial drawings or integrated circuit drawings), trademarks and geographical indications.

5. submit application

(1) Time limit requirements:
via Paris Convention invention/utility model: 12 months from the earliest priority date (reinstatement period can be applied for within two months after the deadline, and late fees must be paid and reasonable reasons for missing the deadline must be provided);
via Nationalization of PCT inventions/utility models: 30 months from the earliest priority date (if the 30-month period is missed, restoration of rights can be requested upon submission of evidence. Restoration requests must be made within two months of cessation of non-conforming reasons or within twelve months from the expiry of the 30-month period from the international filing date);

Designs: 6 months from the earliest priority date (priority cannot be restored).

(2) Submit the application:
Online submission: by entering the electronic application form on the INAPI website. In this case, the first fee payment must be made electronically, i.e. debited from a cash account, credit card, debit card, etc.
On-site submission: by filling out the corresponding form at INAPI's office (Monday to Friday, 9:00 am to 2:00 pm). Please note that a machine-printed form is required, and the first payment must be paid in advance in a tax account at a bank or a tax agency via Tax Income Form No. 10.

(3) The official language of Chilean patent applications is Spanish. Applications can be filed in any language. If a PCT application is filed in a foreign language, a Spanish translation must be submitted within 30 days of entering the Chilean national phase.

6. review process

Formal examination: After submitting an application for an invention patent, utility model patent, or design patent, INAPI initiates a preliminary investigation aimed at reviewing whether the submitted documents correspond to the content of the application, and confirms that the minimum requirements for continued examination are met. Respond to the correction within 60 days from the date of publication.
Publication: For a patent application that has passed the preliminary examination, the applicant must request a publication request within 60 working days from the date of acceptance. If a submitted application is not published within 60 days of submission, the applicant will be deemed to have abandoned the application.
Objection: 45 days after the publication of the application is the objection period. Any interested party who believes that it does not meet the patent requirements or infringes its own rights can raise objections to the application for invention patents, utility models, and designs.
Substantive examination: within 60 days after the end of the opposition period, no matter whether there is an opposition filed or not, the substantive examination fee must be paid and the payment voucher must be submitted to the Chilean Patent Office.
Authorization: After the patent has passed the formality examination and substantive examination procedures, if the examiner believes that the granted conditions are met, the official will grant the patent right, and the applicant should pay the granted fee within 60 days after the issuance of the granted notice.

Features of Chilean patents

1. There is no void regime in Chile. However, within the specified period from the date of registration, an invalidation action may be brought to the court.

2. The average granted time for invention patents in Chile is 2-5 years. If you want to speed up the process, you can submit PPH for accelerated review.
3. When submitting an industrial design in Chile, you can choose an automatic registration procedure that does not require substantive examination, but you cannot file an infringement lawsuit for an unexamined design

Friendliness to Chinese applicants:

★★★

Gold content of patent rights:

★★

The degree of perfection of the rights protection mechanism:

★★★