Patent registration in Chile. Chile, officially the Republic of Chile, is a country in the western part of South America. Chile is a developing country with a high-income economy and ranks 43rd in the Human Development Index. It is among the most economically and socially stable nations in South America, leading Latin America in rankings of competitiveness, per capita income, globalization, state of peace, economic freedom, and low perception of corruption. Chile also ranks high regionally in sustainability of the state, democratic development, and has the lowest homicide rate in the Americas after Canada. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Chile.
In Chile, the Industrial Property Law establishes four types of patents: patents of invention, utility models, industrial designs, industrial drawings, and layout designs (topographies) of integrated circuits.
Necessary documents for patent registration in Chile
The necessary documents for patent registration in Chile include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The official language of the Chilean patent application is Spanish. The application may be filed in any foreign language, provided that the Spanish translation is submitted within 30 days from filing the Chilean patent application.
The Priority document translated into Spanish must be submitted to the Chilean patent office within 30 days from the date of filing.
Novelty grace period
Disclosure made within six months before the filing of the application will not be considered for determining the novelty of the invention when it results directly or indirectly from:
- Practical tests and construction of mechanisms or apparatuses needed by an applicant in the process of preparing an invention;
- An exhibition of the invention presented by the applicant or inventor in official or officially recognized exhibitions;
- Abusive and unfair practices suffered by the applicant or the inventor.
The procedure of patent registration in Chile
To obtain a patent in Chile, the applicant needs to file their patent application to the Chile IP Office.
If there are no issues, it will be published publicly in the Official Gazette.
All third parties who feel like their rights are being violated may file for an opposition request to the registration of that invention within 45 days from the publication date.
The request for the examination of the Chile patent application must be filed within 60 days from the end of the opposition period.
If there are no issues, the patent will be granted to the applicant.
Validity period
Patents of the invention provide 20 years of protection and utility models, industrial designs, industrial drawings, and layout designs are afforded 10 years.
Maintenance fees are paid twice.
The first fee for the first decade is paid upon acceptance of the application.
The maintenance fee for the second decade is due before the expiration of the first decade.
Late payment is possible within a grace period of 6 months from the due date provided that the surcharge is paid.
Filing through PCT
Chile is one of the contracting states of the PCT. Accordingly, the applicant can also apply for patent registration through the PCT system with a National Phase Entry.
Chile is also a member of the Patent Prosecution Highway (PPH) which can accelerate a patent application.
You can find a list of Chile IP firms here.