Chile belongs to the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Inventions protections available in Chile include: 

• Inventions
• Utility models
• Other: Industrial designs, Integrated circuits

The following subject matter is excluded from patent protection in Chile:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Others, please state: Discoveries, mathematical methods, scientific theories; plants or animals or parts thereof; methods of simple verification and control.

Required documents and information required for filing a national patent application in Chile include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Deed of Assignment
• Others: Title of the invention, priority number, country and filing date if applicable. The notarized or apostilled Power of Attorney/Assignment can be provided after filing; and the certified copy of the Priority must be submitted within a 90-day term from the filing date of the application.

Yes, it is possible to request early publication or deferment of publication in Chile. 

No, the applicant does not have a provisional right upon publication of an application in Chile. 

It is possible to file voluntary amendments in Chile at the following times: 

• At the time of entry into the national phase (for PCT application)
• At the time of requesting examination
• Other: Only prior to the issuance of the substantive report.

Yes, it is required to file a request for substantive examination in Chile. The Patent Office issues a formal request to pay the Examination Fee (60-working day term) which, once paid, is understood as a request for substantive examination; non-payment leads to application abandonment.

Yes, there is a third-party opposition procedure upon publication or after grant in Chile. 

The time period from application to grant in Chile is between 2-3 years. 

Yes, there is a process for accelerated examination of application in Chile. The Patent Office allows for PPH with certain jurisdictions through GPPH and other bilateral agreements. A PPH request should be filed before an Examiner is appointed. The PPH accelerates the formal steps of the application up to the issuance of the first substantive report. The further substantive steps of the process cannot be accelerated.

Yes, it is required to pay an annuity to maintain the validity of a patent in Chile. 

Yes, late payment of annuity is permissible in Chile. The payment of the annuity for the second ten-year period (patent) or five-year period (utility model/industrial design) must be paid before the five or ten-year term from filing. It can be also paid up to six months after the due date, with a surcharge of 20% per month of late payment.

Available enforcement methods in Chile include: 

• Civil enforcement
• Criminal enforcement
• Border measures

In the case of Utility Models and Industrial Designs, they are granted for only ten years from the filing date, and only one embodiment is admissible per application. In the case of utility models, protection can be only given to the particular shape of an object and only if such a shape provides a function or technical advantage that the object would not have without such shape.