| Introduction |
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What is a patent?
A patent is a legal right given by the government for the commercialization, use or sale of an invention; it is the concession of a right of ownership to the inventor. |
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In general, a patent is valid for 20 years. |
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The patent concessions are only valid within the country. |
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In certain circumstances adjustments or extensions to the patent’s period of validity may be available. |
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| Why do I need a patent? |
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If your invention has commercial potential and you believe that another company could make a profit with it, you need to obtain the protection given you by a patent |
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A patent gives you the right to exclude others from manufacturing your product |
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Given that a patent confers exclusivity, its owner has time to commercialize the invention without competition making him charge higher prices |
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It gives you the right to file legal proceedings against all those who, without your permission, manufacture or sell the invention made by the owner of the patent |
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You can earn money by granting a license or selling your invention to a third party |
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It gives you priority regarding third parties who wish to register similar inventions in countries where protection can be obtained |
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Why Marcaria.cl?
We have a team of attorneys and engineers who specialize in patents, with years of experience in carrying out patent searches, submitting applications and carrying out the follow-up of the patent process in over 30 countries. This allows us to guarantee that: |
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Skilled professionals will carry out all the procedures necessary to submit your patent application and follow it up. |
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You will receive information in a timely manner regarding updates on the application process
In the case that objections arise or rejections occur in the patent application process, we will advise you on the appropriate course of action to follow. |
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All information given us will be submitted in the framework of the most absolute confidentiality. |
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| Search For Novelty |
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Why is it important to carry out a search?
A search report will help you evaluate the possibility of obtaining a patent for your invention and claims. In accordance with the statistics from the patent office, a large number of patent applications are not granted. The reason that 100% of the patents are not granted is basically the lack of novelty that is shown in the patent review process.
There are many reasons for which a patent application can be denied, although the most common causes for rejection are: (1) the previous existence of the technique; (2) a similar patent has already been granted, or (3) that the invention is not new.
In general, the Patent and Brand Office takes three years to decide whether to approve or deny a patent application. For this reason, if you do not carry out an exhaustive and technical search, it is probable that you will not only lose the money paid for patent application fees, but also much time and energy. |
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What does the patent search involve?
The patent search has 2 sections: |
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Patent search: deals with a detailed investigation on previous techniques, and is carried out by licensed attorneys who are specialized in patents. |
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Analysis and recommendation: in accordance with the characteristics of your invention and the findings, the attorney in charge of your search will present an analysis and recommendation referring to the probability of obtaining the patent (this will include a copy of patents that are relevant to your invention). |
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Who carries out the search?
In those counties in which the service is offered, we have specialists in the area of patents, which allows us to ensure you an excellent quality of service. To obtain information regarding the attorney who is directly in charge of your search, select the link “Attorney in charge” in the toolbar. |
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| Patent Application Process in Chile |
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How do I apply for a patent?
To apply for a patent, the first thing to do is to review the requirements of the country in which protection is desired.
In general you must have the technical specifications, drawings, translations, certified document of priority if you wish to claim, and complete the powers of attorney and the cession document, if applicable. Once the patent has been applied for, in the majority of countries, the next step is the request for examination.
It must also be noted that in many countries, yearly/maintenance payment must be made while the patent application is in process. After the examination, the patent office will report on the results, indicating their queries and if modifications must be made. |
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Who will submit my application?
In those countries in which the services are offered, Patentarea.com has the support of teams comprised of well-known and experienced attorneys in the area of patents, which allows us to ensure an excellent quality of service.
For information on the attorney that is directly in charge of your request, select the link “Attorney in charge” in the toolbar.
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Who decides if the patent is granted?
The results presented to the Patent Office and accepted as complete applications are assigned for examination by the respective examining technological centers, which are responsible for the areas of technology related to the invention. The examiner to whom the application has been assigned receives it for his study by order of submission, or in accordance with the examination procedures established by the country’s patent office. The examination of the application consists of the following: |
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A study of the application in order to determine if it complies with the legal requirements |
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A search among known patents, publications of patent applications, documents of foreign patents and bibliography available, to see if the invention claimed is new, useful and not obvious. |
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What problems can occur?
During the process of examination of a patent, rejections and objections can arise to the specifications, claims, or to the drawings. It is not infrequent that some or all of the claims are rejected in the first official action of the examiner; the number of applications that are accepted as presented is relatively low.
In order to avoid and minimize the rejections or objections filed to the claims, Patentarea.com recommends always doing a patent search. With this report, the client will receive the appropriate information and will have more elements to evaluate the risk involved. However, if a rejection or objection arises, Patentarea.com has a team comprised of suitable attorneys who will recommend the appropriate course of action. |
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What happens if my application or the claims are rejected?
The decision of the examiner will be notified in writing, through an “Official action”, which is normally sent by post to the attorney or the registered agent. In that official action, the reasons that gave rise to this adverse decision, or those of any objection or requirement, will be explained.
Request for reconsideration: the applicant must request the reconsideration in writing – in a distinctive and specific manner – and indicate the alleged errors in the official action of the examiner. After the reconsideration, the applicant will be notified of the status of the claims, the rejection, the objection, or if the claims are granted or not. The second official action will normally be the final one.
Final rejection: in a second reconsideration or even in a subsequent one, the action or the rejection can be taken to be final. The response of the applicant is then limited to appealing in the case of a rejection for any claim. Other corrections are restricted. |
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In which countries should I protect my invention?
The protection granted by patents is territorial; therefore, we advise submitting your patent application in the countries in which your company is located or where you plan to do business in the future.
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When is a patent granted/issued?
From the date of submission, patents are submitted to examination in the order that they were received. The approval or rejection of an application for a patent can take over three years. Then, if it is determined that the patent application is viable, a notification of viability will be sent to the applicant or to the attorney or the registered agent of the latter, if any, and the official fees for the patent to be issued must be paid.
If the payment of the issuing fees is not made within the time period stipulated, the application will be assumed to have been abandoned.
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What payment options do I have?
Payment for the submission of the patent can be done by bank transfer or by credit card. To make the payment by credit card you can send the information by fax using our payment form. Regarding bank payments, our options are payments through PAYPAL, checks and bank deposits. For bank payments, you can opt for PAYPAL, check or electronic transfer.
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