Our expert, Gladys Huerta answered some questions about the additional IP protection in Chile.

Is it possible to request in Chile additional protection term when granting an Intellectual Property Right?

Actually, within six months of the day of granting a patent, the owner shall be entitled to request an additional protection term provided there had been an unjustified administrative delay when granting the patent and that the granting period had been longer than five years from the application filing date or for a period of three years counted from the examination request, whichever is later. 

The additional protection term shall be extended only for the period considered as unjustified administrative delay.

To whom is this additional protection request addressed?

The additional protection term shall be requested to the Intellectual Property Tribunal, which will be in charge in regard to the existence of unjustified delays and the extension thereof in a sole instance, in accordance with the procedure established for the right to appeal. 

The resolution, by means of which the aforementioned is declared, shall have as sole effect the extension of the protection term and shall not produce a responsibility of any kind.

What shall be done if the Intellectual Property Tribunal establishes that there is a delay and an additional protection term shall be granted?

The additional protection term shall be annotated at the margins of the corresponding registration, prior to the payment of a fee of 1 UTM (approximately USD 77) for each year or part of year of additional protection term. 

The payment shall only be made within six month prior to the expiration date of the original patent term, without said payment there will not be an additional protection term as established in this title.