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    Complete Guide to Registering Patents and Industrial Property in Chile: Inventions, Industrial Designs, Utility Models, and More

    INTRODUCTION

    Protecting your creations is a key step to ensuring that your effort, innovation, and creativity are legally safeguarded. In Chile, the institution responsible for this mission is the National Institute of Industrial Property (INAPI), which allows inventors, companies, and entrepreneurs to secure their inventions and designs against third parties.

    But how does this process really work? What options are available? How much does it cost, and how long does it take? Here, we explain everything you need to know in a clear and approachable way.

    What Can You Protect in Chile Through INAPI?

    What Can You Protect in Chile Through INAPI?

    INAPI not only handles patents for inventions, but also other essential categories within industrial property. Each one protects different types of creations:

    1. Patents for Invention

    Ideal for protecting new technical solutions applicable to industry. An invention patent covers products or processes that are novel, involve an inventive step, and have industrial applicability.

    Duration: 20 years from the filing date.

    Example: A new type of efficient engine or an innovative pharmaceutical drug.

    2. Utility Models

    Known as “small inventions.” These protect functional improvements to existing objects without being a radical invention.

    Duration: 10 years.

    Example: An improved screwdriver design that makes it more ergonomic.

    3. Industrial Designs

    Protect the external appearance of a product—its shape, configuration, or decoration—provided it is new.

    Duration: 15 years.

    Example: The unique design of a chair or a bottle.

    4. Industrial Drawings

    Similar to industrial designs but focused on two-dimensional graphic representations applied to a product.

    Duration: 15 years.

    5. Layout Designs (Topographies) of Integrated Circuits

    Protect the three-dimensional arrangement of elements within an integrated circuit (such as microchips).

    Duration: 10 years.

    How Does the Registration Process Work at INAPI?

    Although each category has its particularities, the general process follows these steps:

    1. Prior Art Search (Optional but Recommended)

    Before filing your application, it’s wise to check if your invention or design has already been registered. INAPI offers tools for this search.

    • Tip: This helps you avoid wasting time and money on applications that could be rejected for lack of novelty.

    2. Filing the Application

    You must submit your application through INAPI’s online platform or in person. Each type of protection has specific requirements:

    • Invention Patents: Detailed description, claims, drawings (if applicable), and summary.

    • Utility Models: Similar to patents but focused on improvements.

    • Industrial Designs/Drawings: Images or graphic representations of the design.

    • Layout Designs: Technical documentation of the circuit.

    🔹 Filing Fees (2024-2025, approximate values in CLP):

    • Invention Patent: From 1 UTM.

    • Utility Model: From 0.5 UTM.

    • Industrial Design/Drawing: From 0.5 UTM.

    • Layout Designs: Similar to Utility Models.

    (These amounts may vary depending on the number of pages, claims, or figures.)

    3. Formal Examination

    INAPI reviews whether the application is correctly submitted, ensuring all formal requirements are met.

    • ⏱ Estimated Time: 1 to 3 months.

    If there are observations, you will have a deadline to correct them.

    4. Publication in the Official Gazette

    Once the formal examination is approved, the application is published to inform the public.

    • Publication Cost: Approximately CLP 30,000 (varies based on length).

    • ⏱ Timeline: Published within weeks after the order.

    5. Opposition Period

    For 45 days from the publication date, any third party may file an opposition if they believe your application doesn’t meet the requirements (e.g., lack of novelty).

    6. Substantive Examination (Only for Patents and Utility Models)

    If no opposition is filed—or if you successfully overcome it—you must request and pay for the substantive examination, where a specialist examiner evaluates whether your invention truly deserves protection.

    • Examination Fees:

      • Invention Patent: From 3 UTM.

      • Utility Model: From 2 UTM.

    • ⏱ Estimated Time: 12 to 24 months (depending on workload and complexity).

    7. Decision and Grant

    If the examination is favorable, INAPI grants the right. You must then pay the final fee to obtain the official title.

    • Grant Fees:

      • Patents: Paid in 5-year periods (split over the 20-year term).

      • Designs and Models: Single payment for the full duration.

    International Options: Protect Beyond Chile

    If your goal is to market or protect your creation internationally, there are global systems that simplify this process.

    1. Patent Cooperation Treaty (PCT)

    Allows you to file a single international application, giving you up to 30 months to decide in which countries you want to enter the national phase.

    Ideal for: Invention Patents and Utility Models.

    Benefit: You gain time and receive a preliminary evaluation before investing in multiple countries.

    Cost:

    Filing fees: From approximately USD 1,300 + professional fees.

    Translations and national phases: Additional costs per country.

    Where to file: You can submit your PCT application through INAPI as the Receiving Office.

    2. Hague System

    Allows for the registration of industrial designs in multiple countries with a single application.

    Note: Chile is not yet a member of this system, but it’s worth mentioning for global businesses.

    3. Madrid System

    Although this system is exclusive to trademarks, it’s important to clarify that it allows protection in over 100 countries with a single filing.

    (Not applicable to patents or designs but often confused.)

    Final Considerations and Practical Tips

    Professional Advice: While anyone can file an application, having a lawyer specialized in industrial property or a patent agent can make the difference between securing or losing your rights.

    Keep Track of Deadlines: Patents require periodic payments to remain valid. If you fail to pay, you lose protection.

    Confidentiality: Do not disclose or publish your invention before filing it with INAPI. Novelty is crucial.

    Approximate Total Costs:

    Invention Patent in Chile: Between CLP 600,000 and CLP 1,500,000 throughout the process (excluding legal fees).

    Utility Model: From CLP 400,000.

    Industrial Design: From CLP 250,000.

    (These are estimates and may vary depending on each case.)

    Conclusion

    Registering a patent, utility model, or industrial design is a strategic investment to protect your ideas in a competitive market. Whether you’re safeguarding a major technological innovation or a unique product design, Chile offers robust mechanisms through INAPI, along with access to international systems like the PCT.

    Protecting your industrial property not only secures your creativity but also enhances the commercial value of your business, facilitates licensing, attracts investors, and gives you a competitive edge.

     

    REGISTER YOUR PATENT WITH US!