Modifies Law No. 19.039 Of Industrial Property To Standardize And Improve The Process Of Applying For Trademarks And Patents

Original Language Title: MODIFICA LA LEY Nº 19.039, DE PROPIEDAD INDUSTRIAL PARA ESTANDARIZAR Y MEJORAR EL PROCESO DE SOLICITUD DE MARCAS Y PATENTES

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(Amending article 14 of the mode that follows: to) delete, in paragraph first " the phrase "signed before a notary".
(b) Agreganse the following second and third subparagraphs new, passing current subparagraphs second and third to be fourth and fifth, respectively: "the respective summary must include the date that held the Act or contract, as well as other statements that indicate the regulation.
Also, acts or contracts abroad may be noted regardless of the respective registry. "."
(c) delete, in the second paragraph, which happened to be fourth, the phrase "signed before a notary".

(2) in article 15.
(a) replace your subsection first with the following: "the powers relating to industrial property shall be granted by private instrument. Despite the foregoing, applicants can sign them by public deed or by private instrument signed before a notary or before an officer of the competent civil registry, in those communities that are not seat of notary. The coming mandates from abroad may be granted before the respective Chile consul without any other formality later, or in the way established in article 345 of the code of Civil procedure. "."
(b) Agreganse the following second and third subparagraphs: "the faculty to withdraw an application or to renounce a registration shall confer expressly, otherwise it means that it is excluded within the powers of the representative.
Notwithstanding everything stipulated in the first subparagraph, for the filing of the application simply representative to indicate the name of the applicant therein by who will act. In these cases, the Institute will give a deadline of 30 days to national residents and 60 days to those who are resident abroad to accompany the respective power. Defeated these deadlines, shall be abandoned the application. "."

(3) Incorporanse in its article 21, paragraphs following second, third, fourth and fifth: "any application listing several classes of goods and/or services, hereinafter referred to as"initial application", may be divided, at the request of the applicant, into two or more applications hereinafter referred to as"divisional applications". For this purpose, the applicant shall indicate in each distribution of products or services. Divisional applications shall retain the filing date of the initial application and the benefit of the right of priority, if any. Divisional applications will result in the respective payments, corresponding, as if it were a new application.
The request to divide the application for the registration of a trade mark can make up before the final decision of the Institute on the initial application for registration, whether it concerned a request with or without opposition pending trial. Likewise, the request may be made during the appeal or complaint against the decision on the registration of the mark.
The registers of trademarks in force can always be divided. In those cases that are challenging its validity before the Institute or during the appeal in a judgment of invalidity of a trademark, you may request its division in terms similar to those specified in the preceding paragraphs.
During an observation in the background, procedure of opposition, nullity, or another pending appeal, the division of the application or the registration, will only be coming when, as result of division, the observation of Fund, the trial of opposition, the judgement of nullity or the resource concerned, are limited to one application or one divided records. "."

(4) add in its article 23, the following third paragraph: "When goods and/or services belonging to several classes of the international classification of Nice been included in a single application, the application will result in a single record.".

(5) Insert the following title XI, changing its name to Title XII and XIII title, and article 114 to be 122, respectively the current titles XI and XII: "Title XI of the processing of international applications for patents of invention and utility model."

Article 114-An international application corresponds to a patent application filed under the cooperation treaty patent utility model or invention.
Article 115.-The National Institute of Industrial property shall be the receiving Office in Chile for the filing of international applications under the Patent Cooperation Treaty concerning requests for national or resident in Chile.
International applications must be submitted in Chile in Spanish language and fees identified in the Patent Cooperation Treaty.
Also, the Institute Act quality of Office designated and/or elected when Chile has been appointed or elected as a State, in order to obtain a registration of a patent of invention or of a utility model, in the national phase, the Patent Cooperation Treaty.
Article 116.-When the international application a filing date after the date of expiry of the period of priority, in accordance with the Patent Cooperation Treaty, the applicant may require the restoration of the right of priority before the Institute as receiving Office, within the period of two months counted from the date of expiry of the period of priority.
In the same case, the applicant may request restoration of the right of priority to the Institute as Office appointed or elected at the time of national phase entry, in the event that the request for restoration of the right of priority has been duly requested before the corresponding receiving Office and has not acted or has not accepted it.
In both cases, the request must be carried out in conjunction with the filing of the application, certifying the payment of the respective fee; expressing the reasons for failure to comply with the priority period and providing the corresponding tests.
Article 117-Patent of invention or utility model applications must arise in Chile, national phase, in accordance with the Patent Cooperation Treaty, before the expiration of the period of 30 months from the priority date. If the international application not claimed no priority, it may be made before the Institute even before the expiration of the period of thirty months from the international filing date.
Finding expired within thirty months laid down in the preceding paragraph, the applicant may request restoration of rights before the Institute. The request must be carried out in conjunction with the filing of the application, certifying the payment of the respective fee; expressing the reasons for non-compliance with the time limit, and providing the corresponding tests.
Article 118-to start the processing of an international application in the national phase, without prejudice to the other requirements that required by this Act, the applicant shall: a) present a Spanish translation of the international application, in the event that this was not brought in this language, and all changes that occurred during the international phase, along with the form provided for this purpose (,) and (b) pay the rate established in article 18 of this law for the filing of the application and other fees established by the Institute, in accordance with provisions of the cooperation treaty patent.

Article 119.-It shall apply to applications for patents of invention and utility models that arise in Chile, national phase, in accordance with the Treaty of cooperation in the field of patents, the provisions of article 4, and can anyone interested make opposition to such requests within the time limit provided in the second paragraph of article 5 °.
Article 120.-Applications for patents of invention and utility models that arise in Chile, in the national phase, in accordance with the Patent Cooperation Treaty, shall be governed in terms of its substantive aspects, by the provisions of this law and its regulations.
Article 121-Concession term for patents of invention and utility models presented in Chile, in the national phase, in accordance with the Patent Cooperation Treaty, shall run from the date of submission of the corresponding international application. ".".