Recent Modifications to the Legislation
On February 6, 2012 Law 20569 was enacted, modifying Law 19039 on Industrial Property.
The main modifications are the following:
- Single form acceptable: One TM form is allowed to apply for a registration of goods and services, which will origin a single registration.
- Division of applications: It is possible to divide registrations and applications, keeping the corresponding filing, registration and priority dates.
Regarding applications, this will lead that in case oppositions and/or observations are met in connection with one of the different classes covered by an application, the same can be divided allowing a faster registration of the TM in those classes not facing objections.
The division of registration may be requested even when its validity is challenged by means of an annulment trial or during the appeal thereof.
- The fact that Chile is a party to the Patent Cooperation Treaty has expressly been introduced in the law.
- The chilean PTO will be the Receiving Office for filing international patent applications by Chilean nationals or residents.
- National phases of international patent applications must be filed within the term of 30 months counted as from priority date. If no priority has been claimed for, the national phase must be filed within the term of 30 months counted as from filing date of the international application.
- National phases of international patent applications will have the duration of 20 years counted as from filing date of the international application.
Besides, different changes were set forth in connection with trademarks and patents:
Power of attorney: A simple power of attorney is enough in order to represent a national or foreign applicant at the Trademark and Patent Office as well as in front of the Industrial Property Court. Certification of faculties are needed in case the power is given on behalf of a corporation, which must be in original or notarized.
Applicant is allowed to file patents or trademarks without having the power of attorney, which will have to be filed within the following 30 days for nationals and 60 days for foreigners.
Nevertheless it is maintained the procedure according to which the Patent and Trademark Office will require in a period of 60 days, the submission of the power of attorney if the same has not been submitted by the deadline.
Finally in order to abandon or withdraw an application, the powers of attorney must be expressly granted to the representative.