• Design fees

Fees associated with filing industrial design applications in Chile as well as other design fees are available in the fee calculator.

• Term for filing design application in Chile

The term for filing design application in Chile claiming priority is six months from the date of priority. The restoration of the priority right is not possible.

• Multiple design applications

Multiple design applications are not possible in Chile.

• Minimum filing requirements

- Author(s) and applicant(s) full name, address and nationality;
- drawings.

• Validity term

The validity term of a design patent in Chile is ten years from the filing date.

• Requirements for the Power of Attorney

The original Power of Attorney must be submitted. It may be provided later, within 60 days from the date of filing an application for design registration in Chile.

• Priority document

The priority document translated into Spanish must be submitted to the Chilean patent office within 30 days from the date of filing.

• Assignment deed

If the author of an industrial design is not the applicant, the notarized Assignment Deed must be provided within 30 days from filing the industrial design application in Chile.

• Examination of a design application in Chile

Examination of Chilean design application must be requested within 60 days from the expiration of the time limit for the opposition that constitutes 45 days from the publication of the application.

• Novelty grace period

Disclosure made within six months before the filing of the application will not be considered for the purpose of determining the novelty of the design when it results directly or indirectly from:
- practical tests and construction of mechanisms or apparatuses needed by an applicant in the process of preparing an invention;
- exhibition of the invention presented by the applicant or the inventor in official or officially recognised exhibitions;
- Abusive and unfair practices suffered by the applicant or the inventor.

• Validity term

A design registration is valid for 15 years from the filing date.

• Grant and maintenance fees

The maintenance fee for the first five years of validity term is included in the grant fees and is to be paid within 60 days from the Notice of Allowance. The fee for the second five years may be paid together with the first maintenance fee, before the end of the first five-year period or within a grace period of six months after the first five-year period.

• Representation by a patent attorney

For foreigners it is necessary to appoint an agent, a registered Chilean patent attorney, to perform the industrial design prosecution in Chile.

• What can be registered

Two-dimensional, three-dimensional and general appearance of design as well as contours, colours, shapes and textures, materials out of which the design is made, decoration of the design, packaging, graphic symbols, typographic typefaces are registrable as an industrial design in Chile.

Brief summary is based on the information provided by GARAY PUGA on 02.02.2023
Please contact us if the above information is not in conformity with Chilean IP Laws