National Phase, Invention Patent, Designs Industrial / Industrial Drawings and Utility Models in Chile
Requirements for National Phase in Chile
* PCT application number;
* Spanish translation of the original PCT text (Descriptive Report, Specification Claims and Figures);
* Translation into Spanish of the modified texts of the application (Art. 19/34 PCT), to cases in which amendments were submitted during the international stage;
* Spanish translation of the letter accompanying the modifications under Article 19, if proceeds;
* Sequence List in editable version (.txt), if applicable;
* International preliminary report on patentability (IPRP) (if applicable);
* Modified texts of the application (Art. 19/34 PCT) in English (if applicable);
* Formal Documents:
- Power Document (Original) - power format for processing the application to be completed and signed by the applicant. In this regard, please, consider that the Patent Office accepts simple document with original signatures, or original legalized copy of it, without any other formality. o Documents cited in the International Search Report (ISR) - We inform that it will be necessary to present the documents mentioned in the Report of international search (ISR). In this regard, it is recommended to accompany them before Substantive Examination and preferably together with the submission of the application for national phase, in order to receive a first Official Action that includes an analysis complete in relation to the patentability of the invention. Please consider that Documents must be available in a language accepted by the Office of Patents, that is, English and / or Spanish. If this is not the case, it will be necessary to accompany exact translations of the relevant parts of them, for documents categorized in the ISR as relevant (X and Y) and a summary in the cases of
documents categorized as A.
- Priority Document: will not be required by our Patent Office, for those cases in which said document has already been duly submitted during the international stage.
- Assignment of Inventor / Declarations - will not be required by our Office of Patents, for those cases in which said document has already been submitted duly during the international stage; however, you can request it to clarify any discrepancies that you consider important regarding your information.
Notes: (*) Please bear in mind that according to Law No. 19.039, all applications must be submitted in Spanish. However, if necessary in urgent cases, we inform that INAPI allows the presentation of applications in English and the subsequent presentation of the text in Spanish, an alternative that could be used in the case that the applicant does not wish to enter the application with an automatic translation.
Trademark Law in Chile :
Legal basis is the new Industrial Property Law, (No. 19.039) in force since September 30th, 1991 modified by Law No. 19.996 in force since March 11th, 2005, and by Law No. 20.160 in force since January 26th, 2007 and by Law No. 20.569 in force since February 6th, 2012.
Trademark protection is obtained by registration.
Nice classification, 11th Edition. Chile follows this classification although it is not a treaty member. Exception: There are two special classes, one for retail stores and another one for industrial premises.
National. Opposition Period
The opposition period is 30 working days from publication date of the application.
A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
Procedure of trademark registration in Chile:
In relation to the procedure, we inform you that once the application has been submitted, INAPI will review that the presentation meets all the formal requirements and, if there are no observations, the application will be accepted for processing.
Once the application is accepted for processing, it will be published in the Official Gazette. There is a period of 30 business days, counted from the date of publication, for third parties to present opposition. Once the opposition period has expired, INAPI will conduct a substantive analysis and may issue a substantive observation.
If no opposition is filed and no substantive observation is issued, the application will be accepted for registration within two or three months. If the request receives opposition and / or observation
In the background, the applicant will have 30 business days to present the arguments in defense of his trademark. A probationary term will be opened for a period of 30 days, which can be extended
for once for an additional 30 days in justified cases. Once the probation term has expired, INAPI will notify its resolution granting or rejecting the request in a
period between one to six months, depending on the existence of oppositions.
Both the applicant and the opponent can file an appeal with the Industrial Property Court (second instance court). In turn, against the judgment issued by the Court it is possible to file an appeal to the Supreme Court.
As soon as the trademark application is accepted for registration, there is a period of 60 business days to proceed with the payment of the final tax.
The estimated term for the trademark registration process is approximately 4 months if there are no oppositions and no official actions are issued by INAPI. If the request receives an opposition and / or any official action, the procedure takes between 8 months to 1 year in the first instance.
Trademark Registration Requirements in Chile:
To request a trademark before the National Institute of Industrial Property (INAPI), we request the following:
* Type of mark (Denominative and / or label)
* Logo in jpg format, size 7X7cms (if applicable)
* Name and address of applicant
* Priority number and date (if applicable)
* Products or services to protect
* Translation of the mark into Spanish
* Formal Documents:
- Power of Attorney Document: (can be presented later) - which must be signed by the legal representative. For the purposes of processing before the Office of Trademarks and Patents and the Industrial Property Court, the signing of a simple power of attorney is sufficient, that is, a power of attorney authorized by a notary or legalized is not required.
We note that a legalized power of attorney will be required in the event that actions are taken before other local Courts for different judicial procedures.
- Priority Document: At the time of filing the application for registration in Chile, the application for priority is invoked in the application form. Subsequently, the applicant has ninety (90) business days from the date of submission of the Chilean application to submit the original document of the. priority issued by a competent authority of the country of origin together with a
Simple translation into Spanish. It is important to note that the Chilean Trademark Office only accepts the original priority of the priority application (not the registration certificate).