Patent Application in Chile

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Release time:2016-05-13

Overview of patent applications in Chile:

The Industrial Property Division of the Chilean Ministry of Economy accepts patent applications, and the full text of the patent application must be written in Spanish.

Patent application: It needs to be pre-approved and takes about 12 months.

After the expiration of the pre-trial period, if there are no problems, a summary of the patent application will be published in the Official Journal.

From the date of publication, the entire application and all related documents will be made public for public inspection, and anyone who has objections can apply for rejection of the application within 60 working days. The entire process of patent rights takes about two years.

 

Documents to be prepared by the applicant

Details of application information (samples provided by the agency), stating the application items, applicant information, country to be applied for and time limit for submission, etc. Relevant materials of the previous application, including the request, acceptance notice, original patent application documents (claims, specifications, abstracts, drawings); Text of priority certificate; Existing technical information related to patent application; Power of attorney or small business statement and other documents.

In addition, when applying for a foreign patent, it is best to provide an instruction letter and original application documents at least one month before the expiration of the priority period or before the date of submission of the instruction, so as to facilitate the preparation procedures.

 

Chile deposited its instrument of accession to the Patent Cooperation Treaty (PCT) with WIPO on March 2, 2009, becoming the 140th Contracting State to the Treaty. The Treaty will enter into force for Chile on 2 June 2009.

The accession of Chile means that any application submitted after 2 June 2009 will be automatically designated as Chile (country code: CL) and, as Chile will be bound by Chapter II of the Treaty, any international application submitted after 2 June 2009 that requires an international preliminary examination will be automatically selected. In addition, nationals and residents of Chile themselves may file PCT applications as of that date.