Patent registration in Chile – Patenting Products or Inventions.Francesca Mandolini2019-04-19T06:19:50+02:00
In Protectia, official agency of Industrial Property, we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent.
Patent registration in Chile: the process
The administrative authority of industrial property in Chile, which has, among others, the responsibility to register patents of inventions is the National Institute of Industrial Property (INAPI, in Spanish).
The granting of a patent in Chile requires the observance of some formalities, which make a multi-stage procedure:
- Filing of the application, with all the necessary documentation and the payment of correspondent fee.
- Formal examination. After the application, the INAPI shall undertake a formal review to verify the accuracy of the documents presented, which has to meets the minimum formal requirements. The applicants shall reply to eventual objections within 60 working days. If the formal exam is approved, the payment of the publication fee is requested to the applicant.
- Publication of the application. It opens a 45 working days period for eventual oppositions. Besides, within 60 days from the deadline for filing oppositions, the applicant shall pay the value of the expert’s fees and proof the payment to the INAPI, otherwise the application will be considered abandoned.
- Designation of an expert and issuing of the report, which will contain the expert’s official opinion about the compliance or not of patentability requirements.
- Substantive examination. Consists on a written document about the technical analysis of the application, which verifies if it meets the patentability requirements.
- Granting of the patent. After having passed the substantive examination, within 2 months the granting will be published and the applicant has to pay the fees for the issuing of the title. The payment of the granting fee may be done in two different ways: by paying the granting for 10 years (and later renew for the other 10 years) or just paying for the entire validity of the patent, 20 years.
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The average duration for a patent process in Chile goes from 4 to 5 years, depending on the specifics of the cases, and is valid for a non-extendible period of 20 years starting from the date of the application.
Why choosing Protectia for the registration of a patent in Chile?
Protectia, official agency of industrial property, is remarkable by several factors which makes it the ideal partner to carry out an adequate patent registration process in Chile:
- Resources and experience: we have powerful informatics resources along with the expertise of our professional, essential to advise, develop and manage the protection of inventions in Chile.
- Legal advice and patentability study: In Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of registration.