Legal articles

Industrial design registration in Chile

Posted on by top ipfirm5
Industrial design registration in Chile
21
Oct

Registration of industrial designs in Chile – Every company that owns an industrial design and intends to expand its business in the Chile market should use the Chile intellectual property system. It is paramount for businesses to file an industrial design application in Chile for industrial designs, even if the launch of the respective product on the market in Chile has not yet commenced. 

Requirements for Industrial Design Registration Application in Chile

An industrial design application in Chile requesting the right of priority must be filed within 6 months from the priority date. The restoration of the priority right is not possible after this term.

The official language of the proceedings before the patent office is Spanish.

The following information and documents need to be provided in the application for registration of an industrial design in Chile: 

  • name, address, and nationality of the applicant, business address; 
  • request for design registration;
  • representation of a design.
The Power of Attorney must be provided in its original form. Within 60 days after the date on which a Chilean design registration application was filed, it may be provided later.
Within 30 days of the filing date, the priority document must be provided to the Chilean Patent Office in Spanish.
The notarized Assignment Deed must be provided within 30 days after submitting the industrial design application in Chile if the creator of the industrial design is not the applicant.

Examination of an Industrial Design Application in Chile

A request for an examination of a Chilean design application must be submitted within 60 days of the opposition period’s deadline, which is 45 days after the application is published.

Validity period and renewal of industrial designs in Chile

For the purpose of determining the novelty of the design, disclosure made within six months of the application’s filing shall not be taken into consideration if it arises directly or indirectly from any of the following:
  • practical tests and construction of mechanisms or apparatuses required by an applicant in the preparation of an invention;
  • exhibition of the invention presented by the applicant or the inventor in official or officially recognized exhibitions;
  • abusive and unfair practice
After the filing date, a design registration is valid for 15 years.
The grant fees include the maintenance fee for the first five years of validity, which must be paid within 60 days of receiving the Notice of Allowance. The second maintenance fee may be paid concurrently with the first maintenance fee, before to the conclusion of the first five years, or during a grace period of six months following the first five years.

Represented by an industrial design registration attorney 

An international applicant for an industrial design registration in Chile should perform an industrial design search in Chile through a law firm, or an industrial design attorney. 

You can find a list of Chile IP firms here.