Process of design registration:
- 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.
- The priority document translated into Spanish must be submitted to the Chilean patent office within 30 days from the date of filing.
- 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.
- 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.
Required Documents:
- Power of attorney simply signed.
- Designer(s) and applicant(s) full names, addresses, and nationalities.
- An introduction indicating the design object and the preferred application.
- Detailed description of the geometric design, with reference to the proportions or relative dimensions not expressing particular units, so that it is possible to reconstruct the image of the object by simply reading said description.
- Description of the drawings, if applicable.
- Certified copy of the priority document if claimed.
- Deed of assignment document notarised if the inventor is not the applicant.
Time Frame:
A design registration is valid for 15 years from the filing date.
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.
Multiple Designs:
Multiple design applications are not possible in Chile.