- BENIN – OAPI
- BURKINA FASO – OAPI
- CENTRAL AFRICAN REPUBLIC – OAPI
- CAMERON – OAPI
- CHAD – OAPI
- CONGO REPUBLIC – OAPI
- EQUATORIAL GUINEA – OAPI
- GABON – OAPI
- GUINEA – OAPI
- GUINEA BISSAU – OAPI
- IVORY COAST – OAPI
- MALI – OAPI
- MAURITANIA – OAPI
- NIGER – OAPI
- SENEGAL – OAPI
- TOGO – OAPI
- BOTSWANA – ARIPO
- ESWATINI – ARIPO
- GAMBIA – ARIPO
- GHANA – ARIPO
- LESOTHO – ARIPO
- MOZAMBIQUE – ARIPO
- MALAWI – ARIPO
- NAMIBIA – ARIPO
- RWANDA – ARIPO
- SIERRA LEONE -ARIPO
- SUDAN – ARIPO
- TANZANIA – ARIPO
- UGANDA – ARIPO
- ZAMBIA – ARIPO
- ZIMBABWE – ARIPO
- SOUTH AFRICA
COUNTRY : REPUBLIC OF CHILE
CAPITAL : SANTIAGO
LANGUAGE : SPANISH
The Intellectual Property Rights Office of Chile is known as the National Institute of Industrial Property (INAPI):
INTERNATIONAL TREATIES TO WHICH CHILE IS SIGNATORY
International Treaties to which Australia is a signatory:
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty – PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS
- Brussels Convention
- Associate member of the Andean Pact
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
PATENT LEGISLATION IN CHILE:
The Chilean legal system is based on the Civil Law system.
Patents in Chilean are governed by:
The Patents (Amendment Act) 2010. Patents are granted by the National Industrial Property Institute INAPI.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN CHILE:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i).Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’
INVENTIONS NOT PATENTABLE IN CHILE:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers. • Inventions contrary to public order & morals. • Methods of treatment by surgery or therapy on humans and animals.
- Plants, animals, excepting micro-organisms, provided they comply with all of the patentability requisites.
- Parts of living beings as found in nature, nor biological material as existing in nature, as well as genome, germ plasm, unless all of the above fulfil patentability criteria.
- New usages, change of shapes, dimensions of known objects unless offering a solution to a technical problem which is not obvious.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Chile is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN CHILE:
(i). Name & Address of the applicant.
(ii). Name & Address of the Inventor.
(iii). Specification comprising a description claims & drawings if any. (iv). Priority Data if any translated to Spanish.
(v). State of incorporation / nationality of the Applicant.
(vi). Abstract of the Invention.
(vii). Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
(viii) Request for examination of the patent.
(ix). If the patent application relates to a micro-organism or a process in which a micro-organism is used, it is necessary to include a certificate of deposit of the micro-organism with an officially recognised national depositary institution designated by the Government.
EXAMINATION OF THE PATENT APPLICATION IN CHILE:
- Once the patent application is filed, the application is examined to ensure compliance with formalities examination. Any lacunae to be rectified within stipulated period of time, failing which application deemed abandoned.
- Any deficiencies found are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- The application is then published in the Official Gazette within the next 18 months from the date of priority.
- Interested 3rd parties have 60 days within which to file their oppositions.
- In the event there are no objections, application is formally examined and a patentability report drawn up by experts designated by the patent office and the report to be published within 120 days from the date of designation for observations from the applicant and interested 3rd parties for another 120 days.
- An expert is appointed once fees paid depending on the technical specifications of the application.
- In the event there are no observations forthcoming, the patent office proceeds with the grant of patent.
RIGHTS OF THE PATENTEE IN CHILE:
Patents with a term of 20 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or license the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN CHILE:
Compulsory licenses are granted only when monopoly abuse of the patent is established.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Chile, can assist you comprehensively with Compulsory Licence matters.