On this page, we will provide you with all the information you need to ﬁle your national phase of a PCT patent application in Chile.
In Chile, as most LATAM countries, you have 30 months to file your international PCT patent application, starting to count form the earliest patent priority you claimed.
In Chile, in case you missed this deadline, you have two more months to request a reinstatement of the application. To start this procedure, you will need to pay additional fees, and file a Declaration of Reinstatement of Priority Rights. In this declaration, you have to elaborate on either a non intentional error or the”due care” of the application. The reinstatement is not automatic, and the Chilean patent office can deny it.
If you have a specific concern, please contact us.
Yes, at the moment of filing the application, title, abstract, descriptions and claims, including all modifications, have to be presented in Spanish and you can not modify the application once it is filed. You can not add or remove elements subject to the application.
As with all patent applications, the best option is to get a human translation made by a patent expert in that particular technical field. Translations can be the most expensive part of the application, but an inadequate translation can become a real problem in the future.
We are experts in patent translations into Spanish and will be glad to help you with this
As in most countries, patents are valid in Chile for a 20 years term from the application.
In the case of utility models, Chile gives protection for 10 years.
It is not possible to renew patent rights in Chile.
1. Name and address of the applicant. 2. Name, address and citizenship of the inventor(s). 3. Invention title, abstract of the invention, utility model or design. 4. Invention, utility model or design text description. 5. Claims. 6. Priority claims (if any). 7. A set of formal drawings. 8. Translation of the foreign patent application into Spanish as previously stated. 9. Official filing fee. 10. Power of Attorney (It can be filed 60 days later).
In Chile the prosecution timeline can take 2 to 5 years to grant a patent.
After filind and ff everything is in order, the patent is published. After this, for 45 days, third parties can file an opposition. In case of an opposition is filed against the application you will have 45 days to repley to it. Later, you have to request a patent examination and pay the fee. Once an examiner is appointed he will have 60 days to issue a first office action. The applicant will have 60 days to reply the office action and can request a single extension.
*Days are to be considered labor days not including Saturday.
There is no patent renewal fees in Chile neither an annuity system. Once the patent application is accepted, applicants have to make a payment for the first ten years. Once the first ten years are over you have to pay the other ten years. In case you miss the deadline, you will have another six months to pay but they will charge and extra fee.
Chilean patent search online is easy. There is a free public database of granted and pending patents in Chile. The right place to start is at the National Institute for Industrial Property- INAPI, they do have the Chilean patents online database in Spanish and English that can be very useful if you know what you are searching for. Our chilean patent attorneys team can also help you in more detailed patents searches in Chile.
- Due to its development, Chile has been listed as one of the leading economies in Latin America and is considered as the main destination for patents in the region.
- The Chilean Patent Office is called the National Institute for Industrial Property- INAPI
- Chile is part of the Hague Apostille Convention
- Chile is a contracting state of the Patent Cooperation Treaty (PCT).
- Chile is a contracting state of the Paris Convention for the Protection of Industrial Property.
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