• Patent fees

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

• The term for filing patent applications in Chile

The term for filing a patent application in Chile claiming priority is 12 months from the date of priority. This term may be restored within two months provided that a respective fee is paid as well as a request stating the reasons for the missing the deadline and providing reasonable evidence is submitted.

• Minimum filing requirements

The minimum requirements to obtain the date of filing are:
- inventor(s) and applicant(s) full name, address and nationality;
- a title, abstract, specification, set of claims and drawings, if any;
- complete information about the priority (if any).

• Language of the Chilean patent application

The official language of the Chilean patent application is Spanish. The application may be filed in any foreign language; however, Spanish translation must be submitted within 30 days from filing the Chilean patent application.

• Priority document

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

• Power of Attorney requirements

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

• Assignment Deed

If the applicant is not the inventor the notarized Assignment Deed must be provided within 30 days from filing the patent application in Chile.

• Substantive examination request

Examination of Chilean patent 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 invention 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 inventor in official or officially recognised exhibitions;
- abusive and unfair practices suffered by the applicant or the inventor.

• Grant fee

The official grant fee for Chilean patent should be paid within 60 days from issuing the notice of allowance.  

• Maintenance fees

Patents in Chile are valid for a period of twenty years from the Chilean filing date. Maintenance fees are paid twice, the maintenance fee for the first decade is paid upon acceptance of the application, and the maintenance fee for the second decade is allowed to pay on an annual basis or a one-time payment before the expiration of the first decade. Late payment is possible within a grace period of six months from the due date provided that the surcharge is paid. 

• Representation by a patent attorney

For foreigners it is necessary to appoint an agent, a Chilean patent attorney, to perform the patent registration in Chile.

•  Note

Online Database for Chilean Patents Search.

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