PATENTS

CHILE

GDP: $258,1 BILLION
IMPORTS: $75.7 BILLION
POPULATION: 17,76 MILLION
TOTAL AREA: 756,096.3 Km2
CURRENCY: PESO (CLP)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 30 months.

Patent Law in Force:

Patent Law 19.039/2006

Types of protection available:

Patent of Invention; Utility Model.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• Power of Attorney merely signed (no legalization required) within 60 workingdays from office action.
• Assignment document from the inventors merely signed (no legalization required) within 60 working-days from office action. Not required under certain circumstances.
• Certified copy of priority application within 90 working-days from filing (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

Accepted. Late submission of the Spanish translation is possible within 60 days from filing.

Substantive examination must be requested by the applicant:

YES, within 60-working days as from the end of the opposition term.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 45-working days from publication.

Opposition:

YES, within 45-working days from publication.

Average time from filing to grant:

5 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

• suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;
• Lower threshold for inventive step.

Maintenance:

payment for periods of 10 years after grant.

Marking of the product with the application/ patent number:

Compulsory. Failure to comply with this requirement will not affect the validity of the patent, but criminal proceedings for infringement could not be started (only civil proceedings would be available).

Compulsory licensing:

YES

Link to Patent Office:

http://www.inapi.cl/

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