Patent Services in Chile

Country:- Chile | Capital –Santaigo https://www.inapi.cl

Types of Patents

Patent and Trademark Office

Filing Deadline
Filing extension available
Filing language
Translation Deadline
Form Requirement
Mode Of Filing
30 Months
No
Spanish
Upon filing
POA
Paper/Digital

Filing Deadline

Filing extension available

Filing language

Translation Deadline

Form Requirement

Mode Of Filing

30 Months

No

Spanish

Upon filing

POA ( scanned copy Sufficient)

Paper/Digital

Country:- Chile | Capital –Santaigo

https://www.inapi.cl

Types of Patents

Patent and Trademark Office

Official Charges For Various Procedures
Filing Official Fee (US $)Professional Fee (US $)
PCT national phase ( ten-year period fee ) 339 1265
Chilean patent application ( ten-year period fee ) 339 1150
Publication 160 50
Examiners’ fees INAPI 1147 -
Reporting an Office Action - Hourly basis
Response to Office Action - Hourly basis
Opposition / defence (minimum) - 1150
Appeal before Industrial Property Court (minimum) - 1850
Hearing before Industrial Property Court (minimum) - 1840
Cancellation Action (minimum) - 7850
Infringement Litigation - Hourly basis
Issuance and delivery of certificate 5 110
Issuance and delivery of digital certificate 5 55
Official duplicate of certificate 5 110
Late filing of documents - 170
Assignment or change of Name 81 275
Revision, legalization and filing of the PoA at INAPI 15 90
Consultancy and legal assistance fees (per hour) - 135 to 330
Legalizations 25-124 100
Translation per sheet ( English – Spanish ) 33 -
Drawing ( adapting informal drawings ), per sheet - 45
Rush services - 20% Extra
Abandoning prosecution of cases under our control (minimum) - 70
Official Charges For Various Procedures
Filing Official Fee (US $)Professional Fee (US $)
PCT national phase ( ten-year period fee ) 339 1265
Chilean patent application ( ten-year period fee ) 339 1150
Publication 160 50
Examiners’ fees INAPI 1147 -
Reporting an Office Action - Hourly basis
Response to Office Action - Hourly basis
Opposition / defence (minimum) - 1150
Appeal before Industrial Property Court (minimum) - 1850
Hearing before Industrial Property Court (minimum) - 1840
Cancellation Action (minimum) - 7850
Infringement Litigation - Hourly basis
Filing Official Fee (US $)Professional Fee (US $)
Issuance and delivery of certificate 5 110
Issuance and delivery of digital certificate 5 55
Official duplicate of certificate 5 110
Late filing of documents - 170
Assignment or change of Name 81 275
Revision, legalization and filing of the PoA at INAPI 15 90
Consultancy and legal assistance fees (per hour) - 135 to 330
Legalizations 25-124 100
Translation per sheet ( English – Spanish ) 33 -
Drawing ( adapting informal drawings ), per sheet - 45
Rush services - 20% Extra
Abandoning prosecution of cases under our control (minimum) - 70
Are you planning to file in Chile?

FAQs

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.