Chile Patent Guide
Registration
A patent can be registered in Chile pursuant to Law No. 19.039 on Industrial Property (Consolidated Law approved by Decree-Law No. 3) which provides for local patent applications.
The following information and documentation is required:
- a request for the grant of the patent
- a description of the invention
- one or more claims and any drawings referred to in the description or any claim
- an abstract
- applicant’s name, address and nationality
- Power of Attorney
- certified copy of priority document (if priority is claimed)
- PCT application if required
- Spanish translation of all of the above documents
It usually takes between 3-4 years for the National Director at the National Institute of Industrial Property in the Ministry of Economy to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Director will issue a Certificate of Registration.
Patent Cooperation Treaty
Chile is signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.
Searches
Whilst there is no requirement to conduct a search in Chile prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided before the examination.
Expiry
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.
Abandonment
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise the Director accordingly. This will avoid us sending out unnecessary Reminder Notices.
Assignment
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Chile.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment and a Power of Attorney.
It usually takes about three months or less for the Director to process an application to record an assignment. Once the recording is complete the Director will issue a Certificate of Registration of Assignment upon request.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Chile.
To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change and a Power of Attorney.
It usually takes about three months or less for the Director to process an application to record a Change of Particulars. Once the recording is complete the Director will issue a Certificate of Recording showing the change upon request.
Contact
E-mail: ip@hsmoffice.com
Tel: +1 (345) 949-4766
Mail:
PO Box 31726, Grand Cayman KY1-1207
Cayman Islands
Courier:
HSM, 68 Fort Street, George Town
Grand Cayman, Cayman Islands
MEMBERSHIPS
The firm is a member of INTA, CITMA, AIPLA and IPCA