Dictates Rules On Industrial Property


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Article 1.-an invention shall be patentable when it is new, have inventive level and be susceptible of industrial application. Is it considered new when does not exist previously in the State of the art. The State of the art shall comprise everything that has been reported or made accessible to the public, anywhere in the world through its publication in material form, oral disclosure, sale or marketing, use or any other way, before the filing date of the application for patent in Chile. Also the content of a patent pending application shall include that State with the Department of Industrial property whose filing date is prior to the application is considered.
It believes that an invention is inventive if, for a person skilled in the technical field, it is not obvious, nor is it would have obviously derived from the State of the art.
Where a patent has been requested previously abroad, the person concerned will be within a year, counted from the date of its filing in the country of origin, to submit the application in Chile.
Expiry of this period, the invention shall be considered public domain and will not be patentable.