Month 30: PCT National Phase in Chile
Reached month 30 of our PCT application, it’s time to decide in which countries we have more interests. The attractive Chilean market is interesting for applicants of these rights. Then let’s see what are the points to be considered for correctly nationalize our application in Chile.
Any foreign applicant must be represented by a local professional in Chile. Therefore, signing a simple power of attorney is enough, no need to legalize it.
Once past the formal examination and paid the publication in the Official Journal, it is necessary to request the substantive examination, otherwise the application will be deemed to be abandoned. The payment of the examination fees must be attended within 60 days from the deadline for filing opposition. Those fees correspond mainly to the fees of an expert, appointed by the Patent Office, according to his/her area of expertise.
Unlike other countries, a preliminary examination is carried out by an external examiner from the Patent Office, named expert. Those experts are chosen from a list of professionals, previously selected in each area of expertise. The appointment of the expert can be objected if the applicant believes he/she is not a specialist in the area or whether there might be a conflict of interest.
The expert has a period of 60 days to issue a report on the substantive requirements of a patent, i.e. novelty, inventive step and industrial application. Once notified, the applicant must respond within 60 days to make the appropriate observations, based on which the expert will issue a new report. This time, the Internal Examiner from the Patent Office (not the expert) finally issues the official decision of acceptance or rejection of the application, based on the information provided by the report and his/her own knowledge.
After the application is accepted for granting, the applicant must attend the registration fees, otherwise the application will be abandoned. Unlike other countries, Chile does not follow annuity fees system during the legal life of the patent, but payments will have to be made every ten years (for a total of 20 years).
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