Who is Eligible for Chile Patent Filing
Any applicant or successor in title who has filed a valid international PCT application may enter the national phase in Chile. Eligible applicants include:
- Individual inventors
- Domestic companies
- Multinational corporations
- Research institutions and universities
- Startups and small to medium enterprises
Foreign applicants must be represented by a patent attorney or agent registered in Chile. Local representation ensures compliance with Chilean procedural requirements, proper communication with INAPI, and effective prosecution of the application through examination and beyond.
Hard Deadline for Chile Patent Registration (30-Month Rule)
Chile applies the 30-month deadline from the earliest priority date for National Phase Filing. This means the applicant must complete the national phase filing process within 30 months from the earliest priority date claimed in the PCT application. Failure to meet this deadline ordinarily results in the loss of the right to protect the invention in Chile.
In practice, national phase entry requires submission of an application, appropriate documentation, payment of fees, and, where necessary, translations into Spanish.
Extensions After Expiry of the Deadline
If the 30-month deadline is missed, Chile allows a restoration mechanism in specific circumstances if the applicant can demonstrate that the failure to meet the deadline was unintentional and occurred despite due care. Restoration requests must include substantive justification and supporting evidence, and additional fees are usually payable.
Because restoration is discretionary and reviewed on a case-by-case basis, timely filing within the 30-month window should always be the primary strategy.
Filing Languages for Chile Patent Application
The official language of patent filing in Chile is Spanish.
While the initial PCT national phase application may be filed in another language, a complete Spanish translation of the specification, claims, abstract, and drawing text must be submitted — typically within 30 days of filing the national phase application.
Accurate translation is essential because translation errors can lead to unnecessary office actions or unintended narrowing of claim scope, which may affect enforceability.
Required Documents to File a Patent Application in Chile
To enter the national phase in Chile, the following documents are required:
- National Phase Entry Request — Formal application to enter the national phase in Chile.
- Copy of the PCT Application — A copy of the international application as filed.
- Full Spanish Translation — Complete translation of the PCT application, including specification, claims, abstract, and captions for any drawings.
- Applicant and Inventor Details — Full names, addresses, and nationalities.
- Power of Attorney (POA) — A signed POA appointing the local representative. In Chile, a POA is required and typically must be filed within 60 days of filing the national phase entry.
- Assignment Document (if applicable) — If the applicant differs from the inventor or original PCT applicant, an assignment deed may be required. In Chile, assignments are generally submitted within a set period (often 30 days) from filing.
- Priority Documents — Certified copies of priority documents may be required if not already available; these should be translated into Spanish.
Timely and correct submission of these documents is crucial to secure a valid filing date and avoid early procedural rejections.
Chile Patent Search and Examination Procedure
Once the national phase application is filed and accepted, Chile’s examination process typically proceeds as follows:
- Formal Examination — INAPI reviews whether the application meets basic formal requirements, including translation quality, documentation completeness, and payment of fees.
- Publication — The application is published in the official gazette after formal requirements are met.
- Opposition Period — Following publication, third parties have an opportunity to file oppositions within a defined period (usually 45 working days).
- Substantive Examination Request — The applicant must request substantive examination and pay the examination fee within 60 days from the end of the opposition period.
- Substantive Examination — INAPI appoints an expert to conduct a technical review and issue an expert report regarding patentability requirements such as Patentability Search, inventive step, and industrial applicability. The expert has a defined period to provide this report.
This structured process ensures that patentable subject matter meets Chilean legal standards.
Examination Process and Office Actions
During the substantive examination, the appointed expert issues a report. If the report contains observations or objections, the applicant has 60 working days to respond with arguments, amendments, or additional evidence. Failure to respond within this period may lead to abandonment.
Responses typically include:
- Amendments to claims
- Clarifications of technical features
- Legal arguments addressing patentability criteria
Effectively managing these office actions is critical to achieving a successful grant.
Deadline for Request for Examination
In Chile, the substantive examination must be requested within 60 working days after the opposition period ends. Failure to request examination within this timeframe may result in the application being shelved or considered abandoned.
Publication Process and Legal Impact
Once formal requirements are met, the application is published in the official gazette. Publication:
- Makes the application publicly accessible
- Triggers a period for opposition
- Supports transparency and competitive notice
Although enforceable rights arise only upon grant, publication helps establish awareness of the pending patent and supports strategic planning, such as licensing discussions or market positioning.
Grant Process and Enforceability
After substantive examination and resolution of any objections, the patent may be granted. The applicant must pay the grant and issuance fees within the stipulated period to complete the grant process.
A granted Chilean patent provides:
- Exclusive rights to prevent others from making, using, selling, or importing the invention in Chile
- Access to civil and administrative enforcement proceedings
- Ability to seek injunctive relief and monetary compensation
- Support for customs enforcement against infringing imports
Patents in Chile can be enforced through both administrative procedures at INAPI and through the judiciary, enabling rights holders to take action against unauthorised use.
Validity Term
In Chile, the patent term for an invention is:
20 years from the filing date (including the PCT national phase filing date), provided that all maintenance or decennial fees are paid on time.
Typical Time to Get a Patent in Chile
The timeframe for obtaining a patent in Chile commonly ranges from:
2.5 to 5 years from national phase filing to grant, depending on:
- Complexity of the technology
- Number of office actions
- Quality and timeliness of responses
- Presence of oppositions
Efficient prosecution strategies can help reduce pendency times.
Annuities and Maintenance Procedure
Patent holders in Chile must pay maintenance fees periodically to keep their patents in force. Chile’s maintenance system is structured around decennial payments:
- The first decennial (first 10 years) is usually paid after grant and covers the initial patent term.
- The second decennial (next 10 years) is paid prior to the 10th anniversary of filing or patent grant.
Chile allows flexibility in paying second-decennial maintenance in one lump sum or in annual instalments. A grace period of up to six months may be available for late payment, subject to surcharges.
Failure to pay maintenance fees results in loss of patent rights.
OFFICIAL GOVERNMENT FEES FOR CHILE PATENT FILING(INAPI)
(All amounts in Chilean Pesos — CLP; approximate official fees generally applicable to patent prosecution)
National Phase Filing and Formal Fees
| Fee Category | Typical Fee (CLP) | Notes |
| National Phase Filing Fee | ~150,000 – 200,000 | Filing and publication fee combined. |
| Spanish Translation Filing | Varies (approx. 100,000 – 300,000) | Depends on length and complexity. |
| Excess Page Fee (if applicable) | ~15,000 – 30,000 per excess increment | Payable if filing exceeds standard page count. |
| Priority Document Submission | ~50,000 – 100,000 | If required to file outside the system. |
(Official fees are generally modest compared with many jurisdictions.)
Substantive Examination Fees
| Fee Category | Typical Fee (CLP) | Notes |
| Substantive Examination Fee | ~450,000 – 500,000 | Payable prior to appointment of expert. |
| Appointment of Expert Fee | Included in substantive fee | Expert report cost included. |
| Office Action Response Processing | Varies | Additional procedural processing charges may apply. |
Publication & Grant Fees
| Fee Category | Typical Fee (CLP) |
| Publication Charge | ~50,000 – 100,000 |
| Grant/Issuance Fee | ~200,000 – 300,000 |
| Patent Certificate Fee | ~50,000 – 100,000 |
Maintenance Fees (Decennial)
| Term Period | Typical Fee (CLP) |
| First Decennial | ~200,000 – 300,000 |
| Second Decennial – Lump Sum | ~250,000 – 350,000 |
| Second Decennial – Annual Option | ~30,000 – 50,000 per year |
| Late Payment Surcharge | ~20% extra per period |
(Maintenance fees can be paid annually for the second decennial or as a lump sum.)
Utility Model Protection in Chile
Chile recognises utility model protection (similar to utility models in other jurisdictions), which is available for incremental inventions, small improvements, tools, and devices. Key features:
- Validity term: 10 years from filing
- Lower inventive step requirement
- Faster examination procedures
- Separate the fee structure from the invention patents
Utility models provide cost-effective protection for innovations that may not meet the full inventive step threshold of invention patents.
Chile Patent Office and Official Chile
All patent matters in Chile are administered by the National Institute of Industrial Property (INAPI), which:
Official Website: Chile Patent Office
