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, the TRIPS Agreement and the Hague Agreement (acceded in 2022),
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, the Madrid System and the Hague 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 OEPM;

• Alternatively, an EU trade mark (EUTM) may be filed through the European Union Intellectual Property Office (EUIPO), which automatically takes effect in Spain;

• Or Spain may be designated through the Madrid System (Madrid Protocol).

Classification standard

• Applies the Nice Classification for goods and services;

• Supports both single-class and multi-class applications.

Examination procedure

• Formal examination: around 1 month;

• Substantive examination: around 6–8 months;

• Opposition period: oppositions may be filed within 2 months from the date of publication.

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 OEPM sede electrónica;

• 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;

• Average examination time is around 24–30 months;

• Utility models: only formal examination is conducted.

International routes

• Spain is a PCT contracting state; applicants may enter the national phase via an international application;

• Spain is also a member of the EPO; once a European patent is granted and validated, it takes effect in Spain;

• Supports PPH accelerated examination (cooperation with JPO, USPTO, CNIPA, etc.).

System features

• Operates under the first-to-file principle;

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

• Annual maintenance fees are payable after grant;

• An independent opposition system exists; post-grant opposition can be filed at OEPM.

Industrial design protection

Legal basis

• Industrial designs are governed by the Design Law (Ley 20/2003 de Protección Jurídica del Diseño Industrial).

Scope of protection

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

• Includes GUIs and handicraft designs.

Term of protection

• Protection lasts for 5 years from the filing date and may be renewed four times, for a maximum term of 25 years.

Examination procedure

• Examination period is around 1–3 months;

• Only formal examination is carried out; creativity is not assessed at this stage;

• Examination language is Spanish.

System features

• A single registration is valid throughout the country;

• Multiple designs can be combined in one application;

• International design applications may be filed via the Hague Agreement;