Chile. Information on the filing of Patents, Designs and Trademarks in Chile. COMANAS CORP IP Management Service Group

Transcription

1 Chile Information on the filing of Patents, Designs and Trademarks in Chile COMANAS CORP IP Management Service Group

2 CONTENTS 1. International Arrangements 2. Patent 3. PCT National Phase Entry 4. Trademark 5. Design

3 [International Arrangements] WIPO Convention Paris Convention (Industrial Property) Berne Convention (Artistic and Literary Works) Nice Agreement (International Classification of Goods and Services) Strasbourg Agreement (International Patent Classification) Rome Convention (Performers, Producers of Phonograms and Broadcasting Organizations) Geneva Convention (Unauthorized Duplication of Phonograms), since June Nairobi Treaty (Olympic Symbol) WCT (WIPO Copyright Treaty) WPPT (WIPO Performances and Phonograms Treaty) Member and Signatory to TRIPS Agreement

4 [Patent] Filing requirements: In order to apply and file for a patent in Chile you need to provide Patent Information, and you need to send to the Attorney the Power of Attorney for Chile and the Assignment Document if required. Direct National Applications 1. Inventor(s) and applicant's full name, address and nationality 2. Title, abstract, specification, set of claims and drawings, if any 3. Complete information on the priority(ies), the PCT application and the international publication data (if it corresponds). 4. An "Assignment" document by the inventor(s) and a "power of attorney" from the applicant. Since February 2012 it is not necessary to be notarized and legalized. For PCT National Phase applications, it is not necessary to file the certified copy of the priority (ies) document(s) and the copy of the international search report with its cited documents. Furthermore, it is not necessary to file the assignment document of the inventor (s), if this doc ument was filed in the international phase Patent application procedures 1. The process begins filing an application in the Chilean Trademark and Patent Office: The National Institute of Intellectual Property (INAPI) ( 2. The applicant can make correction or modification to the application anytime

5 3. After in about one month, the Chilenea PTO will make a preliminary examination to verify if the application complies with the formal requirements. 4. If the Chilean PTO do not have the correct information or lacks documents in the application to proceed with the process, It make a request for information which should be answered within a period of 40 days. if the application is not corrected, then the application shall be declared: abandoned and will lose its priority. 5. Whether the application is in order its publication in Bolvian official Gazette, otherwise it will make an observation. This stage is realized between the next 18 months, counted since the filing application date. 6. The opposition period is 60 days from publication in the Official Gazette. If oppositions are made then the opposition procedure will start. The applicant can respond the opposition for 60 days. If there are no oppositions the Chilean PTO will perform the final examination. 7. The department chief will do the designation of Expert Witness Patent, which must issues a report about the patentability of the invention (Inventions must be novel and useful to receive patent protection) 8. The expert report has to be published during the next 120 days after the designation. This resport will be notified to the applicant and the other interested persons for make the observations for other 120 days. 9. Finally the Chilenean PTO may grant or deny the Patent application. If deny, the applicant can file a reconsideration or an appeal (before the court of industrial property) in order to change the Chilnean PTO decision. For this, the applicant has 15 days. 10. The Concession time in Chilean for a Patent is 15 years (non-renewable) from the date of grant, for a Utility Model is 10 years from the application date and for Design is 10 years too. (Law No Establishing the Rules Applicable to Industrial Titles and the Protection of Industrial Property Rights of 1991, Art. 39, 57 y 65).

6 Granting: Concession of the Chilean patent Grant: 20 years Concession of the Utility Model: 10 years

7 Utility Models Filing requirements: In order to apply and file for a patent in Chile you need to provide Patent Information, and you need to send to the Attorney the Power of Attorney for Chile and the Assignment Document if required. 1. Inventor(s) and applicant's full name, address and nationality 2. Title, abstract, specification, set of claims and drawings, if any 3. Complete information on the priority(ies), the PCT application and the international publication data (if it corresponds). 4. An "Assignment" document by the inventor(s) and a "power of attorney" from the applicant. Since February 2012 it is not necessary to be notarized and legalized. For PCT National Phase applications, it is not necessary to file the certified copy of the pr iority(ies) document(s) and the copy of the international search report with its cited docume nts. Furthermore, it is not necessary to file the assignment document of the inventor (s), if this document was filed in the international phase Granting: Concession of the Utility Model: 10 years

8 [PCT National Phase Entry] PCT national stage deadline for Chile: - 30 months from the priority date Language: - Spanish Required contents of the translation for entry into the national phase: - Description, - claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), - any text matter of drawings, - abstract Special requirements of the Office: - Name and address of the inventor if they have not been furnished in the Request part of the international application, - Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306) - Statement justifying the applicant s right to the invention

9 - Statement justifying the applicant s priority right - Translation of the international application to be furnished in two copies - Power of attorney if an agent is appointed Granting: - Concession of the Chilean patent Grant: 20 years - Concession of the Utility Model: 10 years

10 [Trademark] Filing requirements: In order to apply for a trademark in Chile you need to provide Information through our Trademark Registration Order Form; you also need to Demonstrate Use and send us a Power of Attorney. Trademark name. A sample of the design or logo, if applicable, (in.jpg o Word format) In accordance with our legislation, trademarks must be registered exactly as they are used. Claiming colors is mandatory if a trademark is filed in color. It is mandatory to link advertising phrases or slogans to a previously registered trademark, which must also be included in the slogan. If priority is claimed, we must be advised of the country where the first application was filed, as well as its date and application number. There is a term of 90 days, counted from the Chilean application date, to submit a certified copy of the priority, duly translated to English or Spanish. Trademarks application procedures 1. The registration process begins filing an application in the Chilean Trademark and Patent Office: INAPI 2. If the Chilean PTO do not have the correct information or lacks documents in the application to proceed with the process, It make a request for information which should be answered within a period of thirty labor days. if the application is not corrected then the application shall be rejected and will lose its priority.

11 3. After in about one month, the chilean PTO will make a preliminary formal examination and an examination of distinctiveness to verify if the application complies with the formal requirements. 4. Prior this examination, the trademark is published in the Chilean official Gazette. 5. During the publication stage it is possible to make objections. Third parties will have 30 labor days after publication date for presenting oppositions. If oppositions are made then the opposition procedure will start. If there are no oppositions the Chilean PTO will perform the final examination and decide whether the trademark is granted or denied. 6. After the objection period has passed (If there are no oppositions) the Chilean PTO will perform the final examination and decide whether the trademark is granted or denied according with the Chilean trademark law. 7. A trademark registration in Chile is valid for 10 years from the filing date The registration is renewable for periods of 10 years. 8. Reconsideration and appeal: Finally The Chilean PTO may grant or deny registration of new trademark. If deny, the applicant can file a reconsideration or an appeal in order to change the PTO decision. Trademark registration procedure in Chile: Within 10 days after the approval in preliminary examination the trademark is published in the Chilean Official Gazette. The opposition period is within 1 month following publication. The registration procedure lasts 12 months. The protection lasts 10 years from the filing date.

12 Renewal The trademark renewal may be done before expiry. For the trademark renewal we need the power of attorney legalized up to the Chilean Consulate. After trademark renewal the protection lasts 10 years.

13 [Design] Filing Requirements: In order to apply and file for a patent Design in Chile you need to provide Patent Design Information, and you need to send to the Attorney the Power of Attorney for Chile and the Assignment Document if required. Name and address of the applicant. If it is a Company, place of incorporation. Name, address and citizenship of the creator. Design Title. Formal Drawings. Certified priority document, including priority number and country of origin (if applicable). Power of Attorney (certified and legalized in the Chilean Consulate). Granting: Five years Renewals: Renewable twice for like periods until a total of fifteen years

14 Should you have any questions or wish to apply, please contact us CONTACT INFORMATION : COMANAS CORP 902, Buysan Digitalvally 7 th, Grodong, Gurogu, Seoul, Republic of Korea TEL: FAX: ipcomanas@gmail.com SITE : Software: