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Patent Filing in Chile

Chile is a member of both PCT and Paris Convention. Patent application can be filed in Chile either by the route of PCT or by filing directly as a conventional application.

Term of patent: 20 years from the date of filing of the international application. Patent Office: Chilean Patent Office

 

Paradigm to obtain a patent in Chile:-
  • Filing of patent application
  • Preliminary examination before publication within 11 to 12 months from date of filing
  • Publication of the application in the official gazette
  • Opposition within 60 days
  • Formal Examination within 60 days after the completion of opposition
  • Compliance with the examiners office action within 120 days.
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
Documents required for filing of Patent Application in Chile

1. PCT National Phase patent filing

  • WIPO publication
  • International search report
  • International preliminary examination report (chapter II)
  • Spanish translation of the specification and priority documents
  • Power of Attorney notarized and legalized before the Chilean Consulate.
  • Apostille is not accepted in Chile.

2. Conventional patent Filing

  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • Spanish translation of the specification and priority documents
  • Power of Attorney notarized and legalized before the Chilean Consulate.
  • Apostille is not accepted in Chile.
Remarks:
  • Timeline for national phase entry in Chile is 30 months
  • Timeline for conventional filing is 12 months from date of priority