Industrial Designs in Chile Law No. 19.039

Chile, with its ever-growing economy and growing interest in design, is creating an extremely conducive environment for the development of industrial design. Sectors such as fashion, furniture, automotive, handicrafts, toys and home appliances are emerging as “hot spots” for designers. The combination of the increasing market demand for unique and innovative products, along with a clear intellectual property protection policy and active support from the government has facilitated the development of this industry. In addition, the presence of universities and research institutes also contributes to training many talented designers, ready to meet the needs of the market.

Legal Basis

• Law No. 19.039 of March 6, 2006 on Intellectual Property (Consolidated Law approved by Decree No. 4 of June 30, 2022, incorporating amendments until Law No. 21.355 of July 5, 2021)

Conditions for registration of industrial designs in Chile under Law No. 19.039

In Chile, an industrial design is understood as the external appearance of a product, including the whole and the details, which make up the uniqueness and attractiveness of that product. To be protected, an industrial design must be novel, unique and applicable in production. This means that the design has never appeared before, is not obvious, and can be used to create many products of the same type.

Signs not protected by patents in Chile

Styles that are not considered new

• Previously publicized: If the design has been published in public documents, such as an article, magazine, or has been publicly used before the application is submitted, it will not be considered new.
• Previously registered: If the design is similar or identical to a previously registered design, it will not be granted a new registration.

Non-creative designs:

• Obvious design: If a person with expertise in the relevant field can easily deduce the design based on existing knowledge, it will not be considered innovative.
• The design is only the result of technical function: If the appearance of the product is due to a mandatory technical requirement, it will not be protected. For example, the circle of the wheel, the shape of a spoon.

Other Styles:

• Designs that are contrary to social ethics or public order: Designs that may harm health, the environment, or violate social ethics will not be protected.
• Style is just a mere aesthetic presentation, a business method, a brain game, a computer program (except for the user interface), a natural discovery.

Application for registration of industrial designs in Chile under Law No. 19.039

• Application: Complete the INAPI regulatory application form, providing details about you (or your organization) and the design to be registered.
• Detailed Description: A clear and specific description of the characteristics of the design, including the shape, color, materials, and other details that make the product unique.
• Illustrations: Provides high-quality, clear images from a variety of angles to fully express the look.
• Technical drawings (if necessary): If necessary, you can supplement technical drawings to clarify complex details.
• Proof of priority (if applicable): If you have registered a similar design in another country, provide a priority voucher for priority in Chile.
• Registration fee: Pay the registration fee in full according to INAPI regulations.
• Power of attorney (if applicable): If you authorize a legal representative, a valid power of attorney should be provided.

Procedure for Processing Industrial Design Applications in Chile under Law No. 19.039

• Prepare the dossier: Complete the dossier according to the list of documents submitted above.
• Filing: Filings can be filed in person at the Chilean Intellectual Property Office (INAPI) or mailed.
• Formal appraisal: INAPI will check whether your application has all the necessary information and complies with regulations.
• Public disclosure: If your profile is valid, information about your design will be publicly available to the public.
• Content appraisal: INAPI will conduct an assessment of whether your design is unique, novel and eligible for protection.
• Decision: Upon completion of the due diligence process, INAPI will make a final decision and notify you.
• Issuance of Certificate: If your design is approved, you will receive an industrial design protection certificate.

If you need to support the procedure for registering an industrial design, please contact Viet An Law for the fastest guidance!