PCT NATIONAL PHASE ENTRY
Chile

Chile stands as a cornerstone in the Latin American economic landscape, boasting stability and prosperity that surpass regional averages. With a market comprising over 18 million consumers and a GDP consistently outperforming its counterparts, Chile presents an alluring prospect for investment. The country's robust institutions, coupled with a business-friendly environment and a steadfast commitment to innovation, make it an attractive destination for both investment and the safeguarding of intellectual property.

Over the last decade, Chile has emerged as a focal point for innovation, evident in the reception of more than 2500 non-resident patent applications annually. This substantial influx underscores Chile's growing significance as a hub for inventive endeavors, affirming its status as a dynamic player in the global innovation landscape.

The major requirements and procedure to file a patent application in Chile are mentioned below:

The designated period for submitting a patent application in the following jurisdiction under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

In Chile, the official language for filing patent application is Spanish. No provision to file the national phase patent application in other foreign language is available. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

There is no provision for late entry into the national phase in the following region. The established legal framework does not allow for extensions, emphasizing the importance of adhering to prescribed timelines.

The essential documents required for filing a national phase application include:

• Power of Attorney: this particular document is required if the agent is appointed.
• Priority Document: a certified priority document is required to be filed within 90 working days from national phase filing date.

None.

The initiation of examination procedures necessitates a timely submission, mandated within a 60-day window subsequent to the expiration of the opposition period. The request for examination will only come into effect if the examination fee is paid.

Patent Prosecution Highway Program under the PCT

A series of bilateral agreements have been formally established among patent offices, aiming to foster worksharing initiatives and empower patent applicants to solicit expedited processing during the national phase. Within the contours of these agreements, patent examiners are enabled to leverage work products from other participating offices. These valuable work products encompass:

• The written opinion provided by the International Searching Authority.
• The written opinion presented by the International Preliminary Examining Authority.
• The international preliminary examination report issued within the framework of the Patent Cooperation Treaty (PCT), subject to specific conditions.

This collaborative framework optimizes resources, enhances efficiency, and facilitates a more streamlined and accelerated evaluation process for patent applications during their national phase. The mutual recognition and utilization of these work products underscore a commitment to international cooperation and the harmonization of patent examination procedures.

National Institute of Industrial Property has PCT-PPH agreements with: 

• China (CN): China National Intellectual Property Administration

The obligation to remit the maintenance fee for the initial decade arises promptly upon the acceptance of the application. Subsequently, the maintenance fee corresponding to the second decade is due before the expiration of the initial ten-year period. In the event of delayed payment, a grace period of six months is extended, subject to the levying of a surcharge. The surcharge is 20 percent per month, starting from the first month of the grace period.

The patent term for patents in this nation is 20 years.

As per the Global Innovation Index (GII), a comprehensive ranking system evaluating innovation capabilities across economies, Chile secures various positions in different categories. Among the 132 economies assessed in the GII 2022, Chile is positioned at 50th. Within the high-income group, Chile attains the 40th rank among 48 economies. Notably, Chile excels in the Latin America and the Caribbean region, securing the 1st position among the 18 economies evaluated. These rankings underscore Chile's standing in terms of innovation inputs and outputs, providing a nuanced understanding of its innovation landscape in both global and regional contexts.