Legal framework overview

Chile’s IP legal framework is centred on industrial property and mainly includes:

• Industrial Property Law (Law No. 19.039, as amended by Law No. 21.355, 2021)

• Copyright Law (Law No. 17.336, 1970)

• Unfair Competition Law (Law No. 20.169, 2007)

• Computer Software Protection Law (Law No. 19.039, 1991, Title IX)

The competent authority is INAPI (National Institute of Industrial Property of Chile) , which reports to the Ministry of Economy, Development and Tourism (Ministerio de Economía, Fomento y Turismo) . Chile is a member of WIPO, the PCT, the Madrid Protocol, the Paris Convention and the TRIPS Agreement, and plays an active role in Latin American regional cooperation mechanisms (such as PROSUR ).

International cooperation and regional integration

• Chile is a member of WIPO, the PCT and the Madrid System;

• It is a core member of PROSUR (South American intellectual property cooperation network);

• It has examination work-sharing arrangements with INPI Brazil, INPI Argentina and SIC Colombia;

• It cooperates with EUIPO on database interoperability and staff training;

• Chile is a regional leader in digital examination and online IP services in Latin America.

Trademark system

Application routes

• National trademark applications may be filed directly with INAPI;

• Or Chile may be designated through the Madrid System (Madrid Protocol) (since 2022).

Classification standard

• Applies the Nice Classification for goods and services;

• Supports both single-class and multi-class applications (since the 2021 amendment).

Examination procedure

• Actual examination times (formal and substantive) vary by case; refer to the figures published by the competent office;

• Opposition period: oppositions may be filed within 30 working days from the date of publication (INAPI).

Use and renewal

• Registration term of 10 years, renewable indefinitely in further 10-year periods;

• Continuous non-use for 5 years may expose the mark to cancellation.

Examination features

• Examination language: Spanish;

• Focus on distinctiveness and conflicts with prior rights;

• Highly digitalised procedure: applications can be filed and managed online via INAPI Online;

• Well-developed opposition system; decisions may be appealed to the Administrative Court (Audiencia Nacional).

Patent system

Types of protection and terms

• Invention patent (Patente de Invención): term of 20 years from the filing date;

• Utility model (Modelo de Utilidad): term of 10 years from the filing date.

Examination mechanism

• Invention patents: substantive examination is carried out;

• Examination times vary by case; refer to the figures published by the competent office;

International routes

• Chile is a PCT contracting state (since 2009); applicants may enter the national phase via an international application (within 30 months from the priority date, WIPO time-limits table);

• Supports PPH accelerated examination (e.g. the Pacific Alliance PPH and the PPH with CNIPA; see INAPI);

System features

• Operates under the first-to-file principle;

• Examination language is Spanish (with English specifications attached where necessary);

Industrial design protection

Legal basis

• Industrial designs are governed by the Industrial Property Law (Ley 19.039, as amended) and its regulations; applications are received and examined by INAPI.

Scope of protection

• The appearance of products, including lines, colours, textures, shapes and ornamentation;

• Includes GUIs and handicraft designs.

Term of protection

• Design registrations last for a maximum of 15 years from the filing date and are not renewable (INAPI).

Examination procedure

• Examination times vary by case; refer to the figures published by the competent office;

• Examination language is Spanish.

System features

• A single registration is valid throughout the country;

• Chile is currently not a contracting party to the Hague Agreement (WIPO Lex, as of September 2026); designs must be filed nationally with INAPI;