• Patent fees

Fees associated with Chilean PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for the PCT national phase entry in Chile

The term for entering the Chilean national stage of a PCT application is 30 months from the priority date. If the 30-month deadline is missed, it is possible to request the reinstatement of rights provided that the evidence is submitted. The request for reinstatement must be submitted within two months after ceasing of the cause for non-compliance or twelve months from the expiration date of the 30-month term counted from the international filing date. 

• Language of the Chilean patent application

The official language of the Chilean patent application is Spanish. If the international application was filed in any other foreign language Spanish translation must be submitted within 30 days from the Chilean PCT national phase entry.

• Power of Attorney requirements

The original Power of Attorney must be submitted. It may be provided later, within 60 days from entering the Chilean PCT national phase.

• Assignment Deed

If the inventor is not the applicant, the notarized Assignment Deed must be provided within 30 days from entering the Chilean PCT national phase.

• 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 application.

• Grace period

Disclosure made within six months before the filing of the application shall 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 the 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 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 registered in Chile patent attorney, to perform of entering the Chilean national phase of a PCT application.

•  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