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Industrial property
Short Industrial Property Law: key changes for trademarks and patents in Chile
Law 21.355 modernized Chilean Industrial Property Law 19.039 and INAPI's institutional framework.
Its central goal is to streamline prosecution and strengthen protection and enforcement of industrial property rights.
INAPI reported that the reform entered into force on May 9, 2022, creating new tools for innovators and companies.
The law reinforces electronic notices and daily status publication in INAPI proceedings.
For trademarks, it broadens the concept of registrable signs and allows protection for non-traditional marks such as 3D shapes, scents, holograms, multimedia and motion signs.
It also introduces cancellation grounds for lack of real and effective trademark use.
For patents, it creates a provisional application, giving applicants up to 12 months to complete materials without losing priority.
The reform adds a patent usurpation action to request transfer of the registration and damages.
For industrial designs, it introduces a faster procedure and updates fees, payments and supplementary protection.
For companies, the practical message is direct: register, use, monitor and strategically organize industrial property assets in Chile.