Patents

Relevant aspects.

Term: 20 years starting from the date of grant.
Annuity payment: no
Obligation of exploiting the patent: no
Obligatory licenses: do not exist, except in the case of monopolistic abuse.
Patents of revalidation: are accepted provided that they are not commercially known in Chile.
Priority: 12 months.

Name, nationality and full address of the applicant.
Name and nationality of the inventor(s)
Title of the invention.
Number of the foreign patent priority, if any.
Term of the first foreign patent, if any.
Power of attorney signed before a notary and legalized by the Chilean Consulate.
When there is assignment, it must be signed before a notary public and legalized by the Chilean Consulate.
Abstract, specification, claims and drawings, if any.

Patentability requirements: Novelty, intensive step and industrial application.
Exceptions to the protection: In general, everything that is not novel has no inventive step or cannot be applied to industrial use.
Preliminary examination: is considered after the application has entered the department. Abstract of the invention is to published 60 working days after acceptance to prosecution.
Opposition: within 45 working days as from the publication date.
Proof: 45 working days, extensible to another 45 working days, if the applicant is a foreigner.
Examiners report & response to the examiner’s report: 60 working days,
extensible to another 60 working days.
Final judicial decision: appealable before the industrial property court
of arbitration within 15 working days.
Average term of the proceedings: without objections, 3.5 years;
with objection, 5 years.