table of contents
Basic information about Chile
area | 756,950 square kilometers |
population | 1996 million people (2022) |
capital | Santiago de Chile |
People | 95% Caucasian or mestizo of European descent, 5% other |
Official terminology | Spanish |
currency | Chilean Peso (CLP) |
Overview of Chilean intellectual property law
Participating industrial property rights related treaties, etc.
- Paris Convention
- Patent Cooperation Treaty (PCT)
- Agreement Establishing the World Trade Organization (WTO)
- Madrid Protocol (*)
(*) Effective as of July 2022, 7
patent system
Application route
It is possible to apply through the PCT and Paris routes.
Application language
Spanish
Documents required for application
- Summary of the invention
- specification of invention
- Paper containing the complaint
- Drawings of the invention if applicable
Inventions that cannot be patented
The following inventions cannot be patented.
① Discovery, scientific theory, mathematical method
② New animal and plant varieties and breeding
③ Rules for economic/financial and simple mental or intellectual activities, and game methods
④ Treatment and diagnosis methods for humans or animals by surgery or medical treatment
⑤ Applications based on new uses, changes in shape, dimensions, proportions, materials, etc. of articles, objects, or elements used for known purposes.
⑥ Inventions that violate the law, public order, national security, morality, or good customs, or are filed by a person who is not the rightful owner. Inventions filed contrary to custom or by a person who is not the rightful owner
⑦ Computer program itself
Application publication
There is no application publication system. However, the application will undergo a preliminary examination regarding formality, and if the requirements are met, the abstract of the application will be published (published) in the gazette.
Opposition before grant of patent
Interested parties may file an objection within 45 days after publication.
Examination
There is no review request system.
The application will undergo substantive examination after the expiration of the period for opposition before grant of the patent.
If a patent has already been filed in a foreign country for the application to be examined, the results of the search and examination already conducted at the foreign patent office must be submitted. A prior art search is conducted taking into consideration information about the corresponding foreign application submitted, and a determination is made as to the patentability requirements for the subject of examination.
If the public disclosure made within 12 months prior to filing was made to the applicant himself or herself, was disclosed with the applicant's authorization, or If there is further disclosure based on the invention, that disclosure will not be considered in determining the novelty of the invention.
The Japan Patent Office (JPO) and the Chilean Industrial Property Institute (INAPI) have been implementing a pilot program for the Patent Prosecution Highway since August 2017, 8.
correction
Amendments to the application are possible until an office action is issued.
An applicant may voluntarily file a divisional application before the first examination report is issued. After the first examination report is issued, a divisional application may only be filed if the examiner points out a lack of unity of invention.
Invalidation trial system
There is no invalidation trial system. However, a lawsuit may be filed in court within five years from the date of registration.
Duration of patent right
20 years from the filing date.
Patent display
Products that incorporate a patented invention must be marked with the words "Patente de Invención" or "P.I." and a patent number. Failure to meet this requirement does not affect the validity of the patent, but the patent infringer cannot be criminally prosecuted.
utility model system
Application route
It is possible to apply through the PCT and Paris routes.
Application language
Spanish
Protection target
Ideas related to all, parts, or combinations of machines, instruments, and equipment.
Documents required for application
・Summary of the idea
・Details of the idea
・Paper in which the complaint is written
・Drawings of the idea (submission of drawings is mandatory)
From application to registration
The examination process is the same as for patent applications.
The requirement is that the invention is new and can be used industrially, but it is not necessarily required that it involves an inventive step.
Reasons for non-patentability
②Things for which no usefulness can be found
③ Some kind of method
④Inventions related to living things
⑤Utility models that violate the law, public order, national security, morality, or good customs
⑥If the application is filed by a person who is not a legitimate legal successor or assignee
Duration of utility model right
10 years from the filing date.
design system
Application route
It is possible to apply through the Paris route. *Not a member of the Geneva Amendment Agreement of the Hague Agreement
Application language
Spanish
Protection target
In Chile, there is a distinction between industrial designs, which refer to three-dimensional shapes, and industrial designs, which refer to two-dimensional shapes.
Since industrial designs and designs are distinguished as forms of design rights, it is necessary to accurately classify both at the time of application.
industrial design
Whether colored or notthree dimensional formand industrial or handicraft products, including those used as models for other similar products, distinguished from similar products by their form, geometry or decoration, or by their combination. something whose features give it a special appearance that gives rise to new features through the sense of sight
(Article 62, paragraph 1 of the Industrial Property Law)
industrial designs
any arrangement, set or combination of figures, lines or colors for the purpose of decoration of an industrial product and to give it a new appearance;Unfold on plan or line drawingwhat was done
(Article 62, paragraph 2 of the Industrial Property Law)
Documents required for application
・Application form in the prescribed format
・Specification including introduction, explanation of drawings, and explanation of design
·drawing
Application publication
There is no application publication system. However, the application will be subject to a preliminary examination regarding its formality, and if it meets the requirements, it will be published (published) in the gazette.
Objection system
Interested parties may file an objection within 45 days from the date of publication.
Examination
There is no review request system.
There is no priority examination system or accelerated examination system.
After the opposition period has passed, a substantive examination will be conducted.
Registration requirements
・If the design is significantly different from a known design or a combination of features of a known design, it will be registered as novel.
(In determining novelty, designs, designs, or figures forming part of other intellectual property rights, such as trademarks, copyrights, utility models, etc., are also considered prior art.)
・If the appearance is formed entirely for technical or functional reasons and no creative elements are added, it cannot be registered.
Invalidation trial system
There is no invalidation trial system. However, a lawsuit can only be filed in court within five years from the date of registration.
Duration of design right
The period is 10 years from the filing date. No renewals are allowed.
System unique to design law
The partial design system, assembly design system, related design system, and secret design system have not been adopted.
trademark system
Application route
It is possible to apply through the Paris route.
From July 2022, 7 onwards, it is possible to file a MadoPro application specifying Chile.
Application language
Spanish
Type of trademark
Word trademarks, figure trademarks, symbol trademarks, three-dimensional trademarks, combination trademarks, color trademarks, sound trademarks.
*There is no defensive mark system.
*One application, multiple classification system adopted
Protection target
Goods, services, geographical indications and appellations of origin.
Trademark classification
Adopts international classification (Nice classification/10th edition). *Not a member of the Nice Agreement
Documents required for application
・ Application form
・Trademark sample
・Designated goods/designated services and their classifications
Application publication
The application will undergo a preliminary examination regarding formality, and if it meets the requirements, it will be published upon request for publication and payment of the publication fee.
Objection system
An objection may be filed within 30 days from the date of publication.
Examination
After the opposition period has passed, a substantive examination will be conducted.
Reason for non-registration
① Marks consisting of the emblem, flag, or other emblem, name, or symbol of a nation, international organization, or public service of a nation
② A mark consisting of the technical and scientific name of the object for which the mark is intended, a common international name recommended by the World Health Organization, and a name indicating the characteristics of the medical treatment.
③ A mark consisting of the name, pseudonym or portrait of a natural person. Historical figures may be registered if at least 50 years have passed since their death, provided that their honor is not harmed by the registration.
④ Marks that reproduce or imitate official signs or quality certificates indicating control or guarantee adopted by a state without the approval of that state. Furthermore, marks that are copies or imitations of medals, certificates, or awards that have been awarded at domestic or foreign exhibitions, and are applied for by a person other than the person who received the award.
⑤ Expressions used to indicate the type, nature, origin, nationality, source, destination, weight, value, or quality of the product, service, or facility to which the mark applies, as well as a description of certain products, services, or facilities; a mark consisting of expressions commonly used in trade to represent the products, services, or facilities that do not have any novel features or that merely describe the product, service, or facility to which it applies;
⑥Marks that are likely to deceive regarding the origin, quality, or type of the applicable product, service, or facility.
(7) A mark that is so identical or graphically or phonetically similar as to cause confusion with a famous and well-known trademark registered in a foreign country for the same product, service, or commercial or industrial facility;
⑧ A mark that is confusingly identical or graphically or phonetically similar to other trademarks previously registered or applied for in the same class.
⑨Marks consisting of the shape, color, decoration, and accessories of products and packaging
⑩ Marks that violate public order and morals (including those that violate the principles of fair competition or business ethics)
Invalidation trial system
There is no invalidation trial system. However, a lawsuit can only be filed in court within five years from the date of registration. If the registration was obtained in bad faith, there is no time limit.
Presence of non-use cancellation system (revised in July 2021/enforced in January 7)
For trademarks that were applied for or registered before January 2022, a request for cancellation of non-use can be filed only if the trademark has not been used for five years or more after the expiration of the term.
Trademarks applied for/registered after January 2022 can be claimed if they have not been used for 1 years or more from the date of registration.
Duration of trademark rights
The term is 10 years from the date of registration (can be renewed every 10 years).
Variety registration system
It is a member country of the UPOV Convention (International Convention for the Protection of New Varieties of Plants), and it is possible to protect new varieties through the variety registration system. The UPOV Convention is a treaty concluded with the aim of protecting new plant varieties according to basic principles common to each country, and includes basic principles such as conditions for protection of new varieties, minimum protection period, and preferential treatment for nationals. is determined.
Chilean Intellectual Property Law
Chilean Industrial Property Law
Chilean Industrial Property Regulations
Patent attorney specialist Bearded Yoshiaki