PROSECUTION GUIDELINES

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You will find here all the important information about filing trademarks, designs and patents.

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Chile

GDP:$298,231 BILLION

IMPORTS: $86,487 BILLION

POPULATION: 18,729,160

TOTAL AREA: 756,096.3 KM2

OFFICIAL LANGUAGES: SPANISH

CURRENCY: CHILEAN PESO ($) (CLP)

Local time:
WIPO-administered Treaties:
  • Contracting Party of The Paris Convention: YES.
  • Contracting Party of The Hague Agreement on Insudtrial Designs: NO.
Applicable Law:

Chilean Law 19.039.

Grace period for filing applications, from disclosure:

12 months.

Multiple design applications -one application for different embodiments- available:

NO.

Formal filing requirements:
  • Identification of the applicant and the designer.
  • Assignment document.
  • Priority document, when applicable.
  • Specifications.
  • Drawings.
  • Power of Attorney.
Locarno classification:

Not part of the Locarno Agreement contracting parties, but Locarno Classification used in practice.

Deferred publication:

In the case of industrial design applications, this suspension may be requested for a maximum period of 6 months from the priority date of the application, if it has one, or from the filing date in Chile if it has no previous filing.

Registration Proceeding Outline:
  • Filing.
  • Preliminary examination.
  • Publication.
  • Examination Request.
  • Examiner’s report.
  • Decision.
Opposition:

Yes. Within a 45 working days term from the publishing date. Cancellation is also possible, within 5 years from granting.

Average time from filing to grant:

Around 3 years.

Term of Protection and Maintenance:

10 years counted from the application date.

WIPO-administered Treaties:
  • Contracting Party of The Paris Convention: YES.
  • Contracting Party of The Madrid System: YES.
Trade Mark Law in force:

Industrial Property Law No. 19.039 -Last modification by Regulatory Decree No. 20569 of 6 February 2012-.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

Possible.

Registrable trade marks:

Words, names and all distinctive and graphically representable signs, as well as sound marks and slogans.

Formal filing requirements:
  • Power of Attorney merely signed (no legalisation and no notarisation required) 60 working days after the official request.
  • Copy of priority application (in colour) and its translation into Spanish within 90 days from filing.
Examination:
  • Absolute grounds for refusal: YES.
  • Relative grounds for refusal: YES.
Opposition period:

30 working days from publication date.

Average time from filing to grant:

Approximately 8 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

NO.

Renewal terms:

6 months prior to renewal date.

Grace period:

6 months.

Link to Trade Mark Office:

http://www.inapi.cl/

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 19.039/1991 -modified by Law No. 19.996 on November 2005, Law No. 20.160 on 2007 and finally, by Law 20.569 on 2012-.

Types of protection available:
  • Utility Model.
  • Industrial designs.
  • Layout-designs or topography of integrated circuits.
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 working days 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,
  • Original version of priority application within 90 working-days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
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:

2.5 to 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:

UM 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:

Optional. 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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