Patenting in Chile can offer several advantages depending on your specific circumstances and business goals. Chile is a member of the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), providing access to international markets through its patent system. Besides, Chile serves as a gateway to other Latin American countries. By securing a patent in Chile, you may gain easier access to neighboring markets in South America.
Besides, Chilean economy is diversified in different sectors, such as Natural Resources (mining), Agriculture, aquiculture, pharma, software, retail, services. Patenting can then be in the mind of companies.
To file a patent through a National Phase PCT in Chile, you would typically need to fulfill certain requirements. Here’s a general outline:
- Deadline: The deadline for entering the national phase in Chile is 30 months from the priority date of the PCT application. Restoration of rights is possible under condition of force majeure.
- Translation: We need to provide translation of the application documents into Spanish. They can be submitted later, generally within one month.
- Power of Attorney: A Power of Attorney simply signed by the applicant(s) and scanned is required.
- Assignment of Inventorship: It is required only if it was not recorded before the International bureau.
Once the application is filed, the Chilean PTO will run a formal examination and then the application will be published in the National gazette. Publication opens a period of 45 business days where third parties could file oppositions. Then, the PTO will request the applicant to pay the examination fees within 60 business days. If no payment is made, then the application is deemed to be abandoned.
Afterwards, the PTO will appoint an examiner who will issue the first office action. Finally, the Head of the PTO will take a final decision of granting or refusing. If the application is refused, then it is possible appeal the decision before the IP Court within 15 business days.
If you require more information about a National phase PCT Application in Chile, please feel free to contact us at info@andesip.com
