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CL - Chile
National Institute of Industrial Property (Chile)

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: National Institute of Industrial Property (Chile)
PL: Industrial Property Law No. 19.039, as modified by Law No. 19.996, 2005, Law No. 20.160, 2007, Law No. 20.569, 2012 and Law No. 21.355, 2021
PR: Regulations under Industrial Property Law No. 19.039
UTM: Unidad Tributaria Mensual
List of currencies used in this document:
CHF (Swiss franc), CLP (Chilean peso), EUR (Euro), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 64(5), Rule 20.8(a-bis), Rule 20.8(b-bis)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Chile
Two-letter code:
CL
Chile - National Institute of Industrial Property (Chile)
Name of Office:
National Institute of Industrial Property (Chile)
Location:
Av. Libertador Bernardo O´Higgins 194
Piso 1
Santiago
Chile
Mailing address:
Same as above
Telephone:
(56-2) 28 87 05 51
E-mail:
pct@inapi.cl
Facsimile:
None
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
No
Does the Office send notifications via e-mail in respect of international applications?
Yes
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
CL
Chile - National Institute of Industrial Property (Chile)
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
CL
Chile - National Institute of Industrial Property (Chile)
Types of protection available via the PCT:
Patents
Utility models
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
An international application designating Chile benefits from provisional protection as from the date on which the alleged infringer is notified, provided that a patent is eventually granted.
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Chile
Language in which international applications may be filed:
Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3)
Spanish
Language accepted for language-dependent free text in the sequence listing:
Same as above
Language in which the request may be filed:
Spanish
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
For the relevant notifications by the Office, refer to Official Notices (PCT Gazette) dated 4 December 2014, pages 190 et seq and 17 November 2022, page 303.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
Competent International Searching Authority:
BR
Brazil - National Institute of Industrial Property (Brazil)
CL
Chile - National Institute of Industrial Property (Chile)
EP
European Patent Organisation - European Patent Office (EPO)
ES
Spain - Spanish Patent and Trademark Office
KR
Republic of Korea - Korean Intellectual Property Office
US
United States of America - United States Patent and Trademark Office (USPTO)
Competent International Preliminary Examining Authority:
BR
Brazil - National Institute of Industrial Property (Brazil)
CL
Chile - National Institute of Industrial Property (Chile)
2
EP
European Patent Organisation - European Patent Office (EPO)
1
ES
Spain - Spanish Patent and Trademark Office
KR
Republic of Korea - Korean Intellectual Property Office
US
United States of America - United States Patent and Trademark Office (USPTO)
2
Fees payable to the receiving Office:
When calculating the US dollar equivalent amount in CLP, applicants should use the exchange rate fixed by the Central Bank of Chile on the day before the date of payment
Transmittal fee:
Equivalent in CLP of 130 USD
International filing fee:
Equivalent in CLP of 1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
Equivalent in CLP of 16 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
Equivalent in CLP of 216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
Equivalent in CLP of 324 USD
Search fee:
Refer to
Annex D(CL)
Annex D(EP)
Annex D(ES)
Annex D(KR)
Annex D(US)
Fee for priority document (PCT Rule 17.1(b)):
The National Institute of Industrial Property (Chile) is a Participating Office in the WIPO Digital Access Service (DAS) (refer to Annex B). No fee is required by the Office where, as a depositing Office, it has made a certified copy of the priority document available through DAS.
9,000 CLP
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
Equivalent in CLP of 400 USD
Is an agent required by the receiving Office?
No, if the applicant resides in Chile
Yes, if the applicant is a non-resident
Who can act as agent?
Any natural or legal person resident in Chile
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
No
Particular instances in which a separate power of attorney is required:
Not applicable
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
No
Particular instances in which a copy of a general power of attorney is required:
Not applicable

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:
BR
Brazil - National Institute of Industrial Property (Brazil)
CL
Chile - National Institute of Industrial Property (Chile)
CO
Colombia - Superintendence of Industry and Commerce (Colombia)
CR
Costa Rica - Registry of Intellectual Property (Costa Rica)
CU
Cuba - Cuban Industrial Property Office
DO
Dominican Republic - National Office of Industrial Property (Dominican Republic)
EC
Ecuador - National Service of Intellectual Rights (SENADI) (Ecuador)
MX
Mexico - Mexican Institute of Industrial Property
PA
Panama - Directorate General of the Industrial Property Registry (DIGERPI) (Panama)
PE
Peru - National Institute for the Defense of Competition and Intellectual Property Protection (Peru)
SV
El Salvador - National Center of Registries (CNR) (El Salvador)
TT
Trinidad and Tobago - Intellectual Property Office, Office of the Attorney General and Ministry of Legal Affairs (Trinidad and Tobago)
Search fee (PCT Rule 16):
1,853 CHF
1,894 EUR
2,000 USD
The following amounts are applicable in case of filing by a natural person or a legal entity where the applicant is a national of and a resident in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, provided that, if there are several applicants, each must satisfy this criterion. For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
371 CHF
379 EUR
400 USD
The following amounts are applicable in case of filing by a university where the applicant is (a) a Chilean university, or (b) a foreign university headquartered in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, and authenticated by its legal representative, in a simple declaration signed in the presence of a notary, as constituted as a university in accordance with the law of that State, provided that, if there are several applicants, each must satisfy the criterion set out in either sub-item (a) or (b). For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
278 CHF
284 EUR
300 USD
This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
Additional search fee (PCT Rule 40.2):
2,000 USD
The following amount is applicable in case of filing by a natural person or a legal entity where the applicant is a national of and a resident in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, provided that, if there are several applicants, each must satisfy this criterion. For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
400 USD
The following amount is applicable in case of filing by a university where the applicant is (a) a Chilean university, or (b) a foreign university headquartered in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, and authenticated by its legal representative, in a simple declaration signed in the presence of a notary, as constituted as a university in accordance with the law of that State, provided that, if there are several applicants, each must satisfy the criterion set out in either sub-item (a) or (b). For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
300 USD
This fee is payable to the International Searching Authority and only in particular circumstances.
Fee for copies of documents cited in the international search report (PCT Rule 44.3):
per document 10 USD
How to obtain copies:
The Authority provides applicants with a copy of cited documents in electronic form, free of charge, when transmitting the international search report by e-mail. No copies are provided when the international search report is sent by mail
Copies are available, free of charge, for designated (elected) Offices, upon request by e-mail at:
pct@inapi.cl
Applicants will be charged the fee mentioned above
Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):
per document 10 USD
Protest fee (PCT Rule 40.2(e)):
350 USD
Late furnishing fee (PCT Rule 13ter.1(c)):
None
Conditions for refund and amount of refund of the search fee:
Money paid by mistake, without cause, or in excess, will be refunded
Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%
Where the Authority benefits from an earlier search carried out by the Authority on an application whose priority is claimed:
refund of 25%
Languages accepted for international search:
English
Spanish
Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?
No
Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings :
The entire printable copy of the sequence listing and identifying data should be contained within one text file on a single CD or DVD.
Subject matter that will not be searched:
The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Chilean patent law
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Authority waived the requirement that a separate power of attorney be submitted?
No
Particular instances in which a separate power of attorney is required:
Not applicable
Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
No
Particular instances in which a copy of a general power of attorney is required:
Not applicable

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices: 3
BR
Brazil - National Institute of Industrial Property (Brazil)
CL
Chile - National Institute of Industrial Property (Chile)
CO
Colombia - Superintendence of Industry and Commerce (Colombia)
CR
Costa Rica - Registry of Intellectual Property (Costa Rica)
CU
Cuba - Cuban Industrial Property Office
DO
Dominican Republic - National Office of Industrial Property (Dominican Republic)
EC
Ecuador - National Service of Intellectual Rights (SENADI) (Ecuador)
MX
Mexico - Mexican Institute of Industrial Property
PA
Panama - Directorate General of the Industrial Property Registry (DIGERPI) (Panama)
PE
Peru - National Institute for the Defense of Competition and Intellectual Property Protection (Peru)
SV
El Salvador - National Center of Registries (CNR) (El Salvador)
TT
Trinidad and Tobago - Intellectual Property Office, Office of the Attorney General and Ministry of Legal Affairs (Trinidad and Tobago)
Preliminary examination fee (PCT Rule 58):
This fee is payable to the International Preliminary Examining Authority
1,500 USD
The amount below is applicable in case of filing by a natural person or a legal entity where the applicant is a national of and a resident in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, provided that, if there are several applicants, each must satisfy this criterion. For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
400 USD
The amount below is applicable in case of filing by a university where the applicant is (a) a Chilean university, or (b) a foreign university headquartered in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, and authenticated by its legal representative, in a simple declaration signed in the presence of a notary, as constituted as a university in accordance with the law of that State, provided that, if there are several applicants, each must satisfy the criterion set out in either sub-item (a) or (b). For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
300 USD
Additional preliminary examination fee (PCT Rule 68.3):
This fee is payable to the International Preliminary Examining Authority and only in particular circumstances
1,500 USD
The amount below is applicable in case of filing by a natural person or a legal entity where the applicant is a national of and a resident in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, provided that, if there are several applicants, each must satisfy this criterion. For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
400 USD
The amount below is applicable in case of filing by a university where the applicant is (a) a Chilean university, or (b) a foreign university headquartered in any of the States which benefit, in accordance with the Schedule of Fees under the PCT Regulations, from the 90% reduction of the international filing fee, and authenticated by its legal representative, in a simple declaration signed in the presence of a notary, as constituted as a university in accordance with the law of that State, provided that, if there are several applicants, each must satisfy the criterion set out in either sub-item (a) or (b). For details of applicants entitled to the 90% reduction in PCT fees, refer to http://www.wipo.int/pct/en/fees/
300 USD
Handling fee (PCT Rule 57.1):
This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB))
216 USD
Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):
per document 10 USD
How to obtain copies:
The Authority provides applicants with a copy of cited documents in electronic form, free of charge, when transmitting the preliminary examination report by e-mail. No copies are provided when the international preliminary examination report is sent by mail
Copies are available, free of charge, for designated (elected) Offices, upon request by e-mail at:
pct@inapi.cl
Applicants will be charged the fee mentioned above
Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):
per document 10 USD
Protest fee (PCT Rule 68.3(e)):
350 USD
Late furnishing fee (PCT Rule 13ter.2):
None
Conditions for refund and amount of refund of the preliminary examination fee:
Money paid by mistake, without cause, or in excess, will be refunded
In the cases provided for under PCT Rule 58.3:
refund of 100%
If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%
Does the Office accept the filing of demands (PCT Chapter II) in electronic form?
Yes, The Office accepts electronic filing via ePCT-Filing
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 4 December 2014, pages 190 et seq.
Languages accepted for international preliminary examination:
English
Spanish
Subject matter that will not be examined:
The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Chilean patent law
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Authority waived the requirement that a separate power of attorney be submitted?
No
Particular instances in which a separate power of attorney is required:
Not applicable
Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
No
Particular instances in which a copy of a general power of attorney is required:
Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
Notifications related thereto may be consulted under:
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
At the time of filing, either in the description or separately
— any additional indications:
At the time of filing, either in the description or separately
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, relevant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished within the time limit applicable under PCT Article 22 or 39(1)
Spanish
Required contents of the translation for entry into the national phase:
Must be furnished within the time limit applicable under PCT Article 22 or 39(1)
Under PCT Article 22: 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
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
UTM means “Unidad Tributaria Mensual”. The rate of exchange between the CLP and the UTM is updated on a monthly basis and may be consulted at: http://www.sii.cl
Patents
Filing fee
Equivalent in CLP of 1 UTM
Utility models
Filing fee
Equivalent in CLP of 1 UTM
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 4 5
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 4 5
Statement justifying the applicant’s priority right 4 5
Translation of the international application to be furnished in two copies 5
Power of attorney if an agent is appointed
Who can act as agent?
Any natural or legal person resident in Chile
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies both the “unintentional” and “due care” criteria to such requests

The procedure in the national Phase

CL.01 FORM FOR ENTERING THE NATIONAL PHASE
The Office has available a special form for entering the national phase (refer to Annex CL.II). This form should preferably (but need not) be used.
CL.02 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).
CL.03 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CL.I.
CL.04 POWER OF ATTORNEY
An agent must be appointed by filing a power of attorney within 30 days from the date of entry into the national phase if the applicant resides in Chile and 60 days if the applicant is a non-resident. Any natural or legal person resident in Chile may act as agent.
CL.05 MAINTENANCE FEES
PL Art. 18
The maintenance fee covering the first decade is due upon acceptance of the application. The maintenance fee covering the second decade is due before the expiration of the first decade. It can still be paid within a grace period of six months from the expiration of that time limit subject to the payment of a surcharge. The surcharge is 20 percent per month or fraction of month starting from the first month of the grace period. The maintenance fee covering the second decade can also be paid in annuity payments. The amount of the maintenance fees is indicated in Annex CL.I.
CL.06 REQUEST FOR EXAMINATION
PL Art. 6, PL Art. 8
Requests for examination must be made within 60 days from the expiration of the time limit for opposition (PL. Art. 5). The request for examination is only effective if the fee for examination has been paid. The amount of this fee is indicated in Annex CL.I.
CL.07 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, PCT Rule 52, PCT Rule 78, PR Rule 49
The applicant may amend the description, claims or drawings, at any time during the national phase before the examination report has been established, provided that the scope of the subject matter disclosed in the application is not broadened thereby.
CL.08 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.
CL.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 48, PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. If the applicant fails to comply with the applicable requirements prescribed by the national law upon entry into national phase, the Office will invite the applicant to comply within a period of two months following the date of notification.
CL.10 REINSTATEMENT OF RIGHTS
PCT Rule 49.6
Reinstatement of rights may be requested where the applicant failed to observe a time limit set by the Office either unintentionally or in spite of due care, which is prejudicial to his rights. A request for reinstatement must be presented in writing within two months from the removal of the cause of the failure to observe the time limit or twelve months from the date of expiration of the applicable time limit, whichever time limit expires earlier. The omitted action must be completed within the applicable time limit, and the fee for reinstatement of rights (refer to Annex CL.I) must be paid.
CL.11 UTILITY MODEL
PCT Art. 43, PCT Rule 49bis.1(a)
Subject to paragraph CL.12, if the applicant wishes to obtain a utility model instead of a patent in Chile, on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.
CL.12 CONVERSION
PCT Rule 49bis.2(b), PCT Art. 35
The applicant may convert an application for a patent into an application for a utility model by filing a request to that effect. The converted application shall have the filing date of the initial application.

Annexes

Annex CL.I - Fees
UTM means “Unidad Tributaria Mensual”. The rate of exchange between the CLP and the UTM is updated on a monthly basis and may be consulted at: http://www.sii.cl
Patents
Filing fee for the first 80 sheets
Equivalent in CLP of 1 UTM
Supplemental fee for each additional 20 sheets that exceeds the first 80 sheets
Equivalent in CLP of 1 UTM
Publication fee (estimated cost)
This amount depends on the contents of the publication and is fixed by the “Diario Oficial
12,000 CLP
Examination fee
663,000 CLP
Examination fee – INAPI was the ISA or IPEA and all claims satisfy Article 118 3rd paragraph
331,500 CLP
Maintenance fees:
— for the 1st to the 10th years
Equivalent in CLP of 3 UTM
— for the 11th to the 20th years
Equivalent in CLP of 4 UTM
— or Annuity payment
Equivalent in CLP of 0.4 UTM
Fee for reinstatement of rights
Equivalent in CLP of 500 USD
Utility models
Filing fee for the first 80 sheets
Equivalent in CLP of 1 UTM
Supplemental fee for each additional 20 sheets that exceeds the first 80 sheets
Equivalent in CLP of 1 UTM
Publication fee (estimated cost)
This amount depends on the contents of the publication and is fixed by the “Diario Oficial
12,000 CLP
Examination fee
506,000 CLP
Examination fee – INAPI was the ISA or IPEA and all claims satisfy Article 118 3rd paragraph
253,000 CLP
Maintenance fees
— for the 1st to the 5th years
Equivalent in CLP of 1 UTM
— for the 6th to the 10th years
Equivalent in CLP of 2 UTM
— or Annuity payment
Equivalent in CLP of 0.4 UTM
How can payment of fees be effected?
The payment of the fees has to be effected in Chilean pesos. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid
Filing and maintenance fees should be paid by cheque or cash using Form 10 “Ingresos Fiscales Pagos Directos”, which is available at http://www.inapi.cl
The publication fee should be paid by cheque or cash to the “Diario Oficial”, at:
Diario Oficial
Dr. Torres Boonen 511
Providencia
Santiago
Chile
The publication fee can also be paid online through the website of the Diario Oficial http://www.diariooficial.interior.gob.cl
The examination fee should be paid to “Instituto Nacional de Propiedad Industrial – Peritos
bank account No.
000-0-0900122-1
BancoEstado
Alameda No. 1111
Santiago
Chile
The filing and examination fees can also be paid electronically on the website of INAPI
http://www. inapi.cl
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office or by the Spanish Patent and Trademark Office.
2 a b The Office is competent only if the international search is or has been carried out by that Office.
3 a The National Institute of Industrial Property (Chile) may act as International Preliminary Examining Authority only if the international search is or has been performed by that Office.
4 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
5 a b c d If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 21 Apr 2024