Intellectual Property Guide in Chile
Trademarks, invention patents and copyright: everything you need to know, explained by our specialized lawyers.
Intellectual Property, explained
This is our specialty. We take care of everything so that, with your trademark, you can operate your business; with your patent, you can develop protected technology; and with your copyright registration, you can safeguard your creative work.
Protecting your creations is a key step to secure your company’s value. In Chile, the responsible agency is INAPI (National Institute of Industrial Property), which manages trademarks, patents and industrial designs.
The three branches of Intellectual Property
Trademarks
A trademark is "any sign capable of graphic representation and able to distinguish products, services or commercial or industrial establishments in the market."
Trademarks may be word marks (words), combined marks (words + image), figurative marks (logos and symbols) or sound marks. Advertising slogans may also be registered under specific INAPI requirements.
Trademark registration prevents third parties from using the same or a similar mark under Industrial Property Law 19.039. Owners have legal actions available against unauthorized use.
Protection is national, but it may be extended internationally through the WIPO Madrid System, which covers more than 50 countries.
Types of Trademarks
- Word mark - words or letters
- Combined mark - text + image
- Figurative mark - logos, drawings or symbols
- Sound mark - jingle or identifying sound
- Advertising slogan - commercial slogan
Term
10 years, indefinitely renewable. Renewal must be requested before expiration.
Invention Patents
A patent is "the right granted by a State to an inventor, allowing the inventor to prevent third parties from commercially exploiting the invention for a limited period, usually 20 years."
It is wrong to think patents apply only to complex inventions or large companies. Patentable inventions can range from paper clips to pharmaceuticals: there are thousands of patents for everyday products such as filters, bottles, fabrics or bicycles.
Patenting is not an obligation; it is a strategy to maintain a competitive advantage. A patent grants exclusivity and allows the owner to exclude third parties from manufacturing, using, selling or importing the invention.
At MPD, you can request filing through PCT (international system, 150+ countries) or through Traditional Route (Paris Convention). We advise on the best route for each case.
Patentability Requirements
- Novelty - Not previously disclosed anywhere in the world
- Inventive step - Not obvious to a skilled person
- Industrial applicability - Capable of being manufactured or used
Initial Assessment
Contact MPD for an initial feasibility assessment before starting the process.
Copyright
"Copyright protects the expression of literary, artistic and scientific creations for a certain period of time by the mere fact of creation."
Protected works include books, music, paintings, sculptures, films, computer programs, software and more. Unlike patents and trademarks, copyright arises automatically upon creation, without prior registration, although registration has evidentiary value.
Copyright protects the form of expression of ideas, not the ideas themselves. Creativity refers to the selection and arrangement of words, musical notes, colors, shapes or code.
MPD helps consolidate and register your copyrights, and can take legal action under Chilean intellectual property infringement rules in cases of unauthorized use.
What is protected?
- Literary works (books, scripts)
- Musical and audiovisual works
- Visual arts and photography
- Software and computer programs
- Scientific and academic works
- Performances and theater works
Legal Framework
Chilean Copyright Law 17.336. Berne Convention. WIPO Copyright Treaty (WCT). TRIPS Agreement.
Trademarks vs. Patents vs. Copyright
| Aspect | Trademark | Patent | Copyright |
|---|---|---|---|
| What does it protect? | Distinctive signs (name, logo) | Inventions and technology | Creative and artistic works |
| When does it arise? | Upon registration with INAPI | Upon grant by INAPI | Upon creation of the work |
| Term | 10 years renewable | 20 years non-renewable | Life + 70 years |
| Registration required | Yes, before INAPI | Yes, before INAPI | Automatic (optional registration) |
| Agency in Chile | INAPI | INAPI | Copyright Department |
| International coverage | Madrid System (120+ countries) | PCT (150+ countries) | Berne Convention (170+ countries) |
We take care of everything
This is our specialty. With your trademark you can operate your business; with your patent you can develop protected technology; and with copyright registration you can safeguard your creative rights.
Dedication · Security · Confidentiality