Patent registration in Chile

Protect Your Innovations in Chile: Efficient Patent Registration Services. Chile is a country with many advantages in the development of inventions in various fields. Chile is the world’s largest copper producer and has significant lithium reserves. This creates opportunities for inventions in the field of exploitation, processing and efficient use of these resources. Chile has a diverse climate and soil conditions, which are favorable for the production of a variety of agricultural products such as grapes, apples, pears, berries, and salmon. Inventions in the fields of high-tech agriculture, sustainable production, and food processing can make a significant contribution to the economy. With abundant solar and wind resources, Chile has great potential for the development of renewable energy technologies such as solar, wind and geothermal energy. Inventions in this area can help Chile transition to a greener and more sustainable economy. Chile is home to some of the world’s largest and most modern astronomical observatories, taking advantage of clear skies and ideal viewing conditions. Inventions in the field of astronomical technology, observation equipment, and data analysis can promote the development of astronomy in Chile. In addition to the above fields, Chile also has the potential to develop inventions in other fields such as information technology, tourism and services. The Chilean government has implemented many policies to encourage innovation and attract investment in high-tech fields, facilitating the development of inventions. Therefore, more and more organizations and individuals need to register patents in Chile, Viet An Law would like to guide customers through the article below.

Legal Basis

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

Definition of Invention in Chile

In Chile, a patent is an exclusive right granted by the government to an inventor or licensee of their rights to a new, inventive, and industrially applicable invention. This right allows the patent owner to prevent others from making, using, selling, or importing the patented invention without their permission for a period of 20 years from the date of filing.

Conditions for registering a patent in Chile

• Novelty: The invention must be new, which means it must not be publicly disclosed or made available to the public prior to the date of filing the patent application.
• Innovation: The invention must not be obvious to someone with expertise in the technical field, which means it must include an innovation step that is not easily deduced from existing technology.
• Industrial Applicability: The invention must be able to be created or used in any type of industry, which means it must have a practical application.

Types of Patents Registered in Chile

• Invention Patents: This type of patent is granted to inventions that are new, inventive, and have industrial applicability. The invention must represent a significant technological advancement over existing technology. An invention patent provides the widest range of protection and is valid for 20 years from the date of filing.
• Utility model: The utility model protects new inventions and has industrial applicability but may not meet the innovation step requirement for an invention patent. The utility model is often used to protect minor improvements or modifications to existing products or processes. They are valid for 10 years from the date of application.
• Design Patents: This type of patent protects the decorative appearance of a product. The design must be new and distinctive. A design patent prevents others from copying or imitating a protected design. It is valid for 10 years from the date of application, renewable for two additional 5-year terms.
• Layout Design (Terrain) of Integrated Circuit: This type of patent protects the three-dimensional layout of the integrated circuit. The layout design must be original and not common in the semiconductor industry. The term of protection is 10 years from the date of first commercial exploitation or the date of application, whichever comes first.

Non-patentable cases in Chile

Certain subjects are excluded from patentability in Chile, including:

• Scientific theories and mathematical methods
• Discover Natural Substances
• Human or animal body treatments
• Plant and animal breeds
• Essential biological processes for plant or animal production
• Aesthetic Creativity
• Computer Programs
• Business plan

Patent registration dossiers in Chile

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Chile through the PCT system

What is the PCT System?

The PCT system stands for Patent  Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Chile.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services in Chile of Viet An Law Firm

• Perform the search and notify the customer in writing of the results of the patent search in Chile;
• Drafting dossiers and directly filing and monitoring the status of patent application filings in Chile on behalf of the patent owner;
• Notifying, advising and handling shortcomings/rejections of competent State agencies (if any) in the process of monitoring patent applications in Chile;
• Assist in monitoring and representing the settlement of objections and feedback to the intellectual property representative carrying out procedures in Chile.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file a patent application in Chile, please contact Viet An Law – IP Firm for the most effective support.