Patents Laws in Chile
Chile's patent system is governed by Law No. 19.039 on Industrial Property, administered by the National Institute of Industrial Property (INAPI). The law provides a comprehensive framework for the protection of inventions, utility models, and industrial designs.
🔍 Patentability Criteria
To be eligible for patent protection in Chile, an invention must meet the following criteria:
Novelty: The invention must be new and not have been disclosed to the public prior to the filing date.
Inventive Step: The invention must involve an inventive step, meaning it is not obvious to someone skilled in the relevant field.
Industrial Applicability: The invention must be capable of being used in some kind of industry, including agriculture.
Additionally, the invention must solve a technical problem and be disclosed in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
📝 Patent Application Process
Filing: Submit a patent application to INAPI, including:
A description of the invention
Claims defining the scope of protection
Drawings, if necessary
An abstract
Priority documents, if applicable
A power of attorney, if represented by an agent(Inapi, IP Helpdesk, pathubamericas.com, The Patent Filing Company)
Preliminary Examination: INAPI conducts a preliminary examination to verify that all necessary documents have been submitted and that the application complies with formal requirements.(Inapi)
Publication: If the application passes the preliminary examination, it is published in the Official Gazette. Third parties have 45 working days to file oppositions.(pathubamericas.com)
Request for Substantive Examination: The applicant must request a substantive examination within 60 working days from the expiration of the opposition period. This request is effective only if the examination fee is paid.(pathubamericas.com, WIPO PCT Legal)
Examination: An examiner assesses the application to determine if it meets the patentability criteria. The examiner may issue office actions requiring the applicant to amend the application.(BR LATIN AMERICA)
Grant: If the application satisfies all requirements, INAPI grants the patent and issues a certificate of registration. (pathubamericas.com)
⏳ Patent Duration and Maintenance
Duration: Patents in Chile are valid for 20 years from the filing date.(IP Coster)
Maintenance Fees: Maintenance fees are due for the first and second decades. The fee for the first decade is paid upon acceptance of the application. The fee for the second decade can be paid either as a lump sum or in annual installments before the expiration of the first decade. Late payment is possible within a six-month grace period, subject to a surcharge. (WIPO PCT Legal, IP Coster)
⚡ Accelerated Examination (Patent Prosecution Highway - PPH)
Chile participates in the Patent Prosecution Highway (PPH) program, which allows applicants to request an accelerated examination based on favorable results from another participating office. This can expedite the patent granting process. (Inapi)
⚖️ Enforcement and Legal Actions
Infringement: Patent holders can take legal action against unauthorized use or infringement of their patents.
Patent Usurpation Action: Introduced under the new IP Law, this action allows legitimate inventors to request the transfer of a patent registration from a third party who has obtained it without entitlement. (IP Helpdesk)
🌐 International Treaties
Chile is a member of several international treaties that facilitate patent protection:
Patent Cooperation Treaty (PCT): Allows applicants to seek patent protection internationally.
Paris Convention: Provides a right of priority for patent applications filed in member countries.
TRIPS Agreement: Sets minimum standards for the protection of intellectual property rights.
📌 Practical Tips
Language: All patent documents must be filed in Spanish.
Representation: Foreign applicants must appoint a local representative in Chile to handle patent matters.
Search: Before filing, conduct a patentability search to assess the likelihood of grant.
Legal Assistance: Consult with local intellectual property law firms for guidance and support.
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