What is the total term for filing a patent application in Chile?
The overall term for filing a patent application claiming priority in Chile is 12 months from the date of priority.
What is the process of filing a patent application in Chile?
To file a patent application in Chile, the applicant must submit an application form and a technical sheet. Both these documents can be found on Algerian National Institute of Industrial Property (INAPI) website. These sheets should be filled up with personal information of the applicant, inventor, and agent, if any. The type of application along with the priority date should be noted, if applicable, and a title that gives a clear and accurate idea of what protection is being sought for.
The technical sheet must also include the invention’s representative summary, its field of application, and the technical challenge to be solved. It may also include a figure. The length of the summary should not go beyond 1,600 characters (as per Article 38, Regulations under Law No. 19,039). If the applicant has designated an agent, a power of attorney should also be included in the application (as per Article 15 of Law No. 19,039). Furthermore, if the applicant is not the same person as the inventor, an assignment of rights should be included (as per Articles 11 and 12, Regulations under Law No. 19,039).
What are the requirements for filing a patent application in Chile?
To successfully file a patent application in Chile, the applicant must submit a patent filing service form, patent specifications (abstract, description, claims and drawings) in Spanish language and in MS Word format, a copy of any amendment made to the patent specifications (if applicable), and a copy of the priority document, Patent Cooperation Treaty (PCT) application number or International search report (ISR), if applicable. Besides, an upfront payment and a power of attorney document should also be submitted.
What are the main criteria for identifying if an idea or invention is patentable?
There are three fundamental criteria for gauging the patentability of an idea/invention. These are:
Novelty:The idea or invention for which an applicant is seeking a patent should be novel, i.e., it should not already exist in the state of the art. The term state of the art includes everything that has been revealed to the public in any part of the world through a tangible publication, sale, or even commercialization.
The novelty criteria is important as it is necessary to keep an invention confidential prior to patent filing. To do this, non-disclosure agreements are crucial both with dependent employees and those in charge of research and development (R&D) as well as with potential investors or individuals who come into contact with the invention.
Inventiveness:This means that an individual with ordinary skills in the relevant art cannot claim the invention to be obvious or derived from the state of the art.
Industrial applicability: This implies that the invention can be produced or leveraged in any type of industry including but not limited to manufacturing, mining, handicrafts, agriculture.
The patent protection granted by Chile is territorial. This means that it is only granted at a national level and only for 20 years from the date of filing.