Yesterday, inovia announced the addition of Chile to our foreign patent filing capabilities and welcomed HarneckerCarey to our global agent network. Francisco Carey, an attorney at HarneckerCarey, offers the following general information about PCT national phase entry into Chile:
In October 2008, the Chilean Congress ratified the Patent Cooperation Treaty (PCT). This meant that a series of international dispositions related to patents became effective for Chile. As such, new procedures and requirements at the internal level were instituted.
For those applicants interested in Chile, here are some important things to consider:
- The deadline for filing the application in Chile is 30 months from the earliest priority date, or the International Filing Date if priority is not claimed.
- The application must be filed in Spanish.
- Payment of government fees is required.
- It is not required to enclose an international application copy.
- It is optional for the applicant to file the International Search Report.
- In cases where the applicant claims priority of an earlier application, the applicant is not obliged to file a certified copy of the priority document. However, the Patent Office could require such a certificate, as well as a translation of the priority document.
- It is not necessary to file the Assignment of Rights from the inventor to the applicant if the assignment was made before the application’s entry into the national phase and if it is stated in the international application statements. However, the Patent Office could require such an Assignment.
Re-establishment of Priority Right:
- In the assigned or chosen office, and upon specific request of the applicant, the Patent Office can re-establish the priority in a case that has not yet been accepted, or for which the Recipient Office has not issued a statement.
- The Patent Office can accept the re-instatement petition if it proves that the non-compliance of the priority’s period occurred in spite of the due diligence demanded by the circumstances or that said non-compliance was unintentional.
Re-establishment of Rights:
In cases where the deadline for the international application entry to the national phase in Chile has expired, the Patent Office can restore the rights of the applicant, if it is proved that the non-compliance during the period was unintentional or has occurred in spite of the applicant’s due diligence.
The requirement must be made together with the national stage filing of the application in the first term within:
- 2 months after the withdrawal of the inobservance cause, or
- 12 months from the deadline of 30 months from the filing of the international application.
Additionally, applicants should note that:
- There is an opposition period of 45 working days from the publication of the application in the Official Gazette.
- There is no duty to disclose.
- Patent term is 20 years from the application filing date.
- It is feasible to apply for supplementary protection.
- The only way to revoke a patent once granted is through a cancellation action.
Thank you again to HarneckerCarey for providing the above information.
For a free & instant quote to file your / your client’s application into Chile, register for an inovia account and enter the PCT number.