Utility Model in Chile

Practical Protection for Inventions in Chile

Brealant manages your Chilean utility model application from start to finish. Working with a local representative, we prepare the Spanish-language filing, lodge it with INAPI and guide it through publication and expert examination, so your improved product gets 10 years of protection.

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Essential Guide to Utility Models in Chile

Protecting Your Innovation with Brealant's Expertise

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What Is a Utility Model in Chile?
Under Ley 19.039, a utility model protects instruments, tools, devices or objects whose new shape or configuration gives a technical benefit or advantage.
Why a Utility Model Matters
No inventive step is required, so incremental product improvements that may not qualify as patents can still gain 10 years of exclusive rights.
Who Can Apply
Any person or company, Chilean or foreign, may apply. Applicants living abroad must appoint a representative in Chile to deal with INAPI.

A Hassle-Free Utility Model Application Journey with Brealant

Contact
Discuss your product and whether a utility model suits it with our team.
Search
We search existing patents and publications to assess novelty first.
Quote
Receive a clear service quote tailored to your filing requirements.
Pay
Proceed with secure payment for the selected services.
File
We prepare the Spanish description, claims and drawings and file at INAPI.
Wait
An extract is published in the Diario Oficial, then expert examination follows.
Response
We answer any examiner objections until INAPI decides on registration.

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Clear, Simple Steps to Registrability

To be registered in Chile, a utility model must be new anywhere in the world and capable of industrial application. Its claimed shape must also give the object a technical benefit or advantage it did not have before. Minor or secondary differences that add no discernible practical feature are refused, and each application must cover a single object.

Safeguarding Your Innovation in Chile — With Brealant by Your Side

A Chilean utility model gives you exclusive rights over your improved object for 10 years from the filing date. As no inventive step is required, it is a practical way to protect product improvements and stop competitors from copying them.

Limitations

What Cannot Be Protected in Chile

Certain subject matter cannot be registered as a utility model under Chilean law, including

Processes and Methods
Manufacturing processes, methods and procedures, as they have no shape that can be claimed.
Materials and Substances
Objects that differ only in their material, substance or colour, and chemical compositions.
Minor Changes
Small or secondary differences that add no discernible practical advantage over known products.
Ideas and Business Methods
Discoveries, scientific theories, mathematical methods and business or financial schemes.
Contrary to Public Order
Items whose commercial use must be prevented to protect public order, morality, health or the environment.

INAPI's expert examination checks every application against these requirements before a utility model is granted.

What a Utility Model Protects

A granted Chilean utility model protects

The Improved Object
The shape and configuration of the object as claimed, and the technical advantage it delivers.
Exclusive Commercial Rights
Your exclusive right to make, sell and otherwise exploit the object commercially in Chile.
Licensing Opportunities
The ability to license or transfer the right, recorded at INAPI so it is effective against others.
Enforcement Standing
Your standing to take civil and criminal action against anyone who copies the object without consent.

Marking your product with "Modelo de Utilidad" or "M.U." and the registration number keeps your full range of remedies available under Chilean law.

Timeline for Utility Model Application in Chile

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The application process typically involves

Filing
The application, in Spanish with abstract, description, claims and drawings, is filed with INAPI, claiming any priority.
Publication
After a formal review, an extract is published in the Diario Oficial, opening a 45-day opposition period.
Examination
An expert appointed by INAPI examines novelty, utility and industrial application, and objections can be answered.
Grant
Once objections are resolved and the grant fee is paid, INAPI registers the utility model and issues the title.

Timelines vary with the technology, any oppositions and the number of examination reports. Brealant keeps you updated at every stage, from filing and publication through to the final decision.

Understanding Utility Model Costs in Chile — Simplified with Brealant

The cost of a utility model application depends on the complexity of the product

Official Filing Fees
INAPI charges fees set in UTM (Chilean monthly tax units) at filing, for the expert examination and at grant, plus a later fee for the second five years. The Diario Oficial publication is also paid.
Professional fees
Brealant's fee covers the search, Spanish drafting and translation, filing through our local representative, publication and replies to examination reports, all quoted in advance.

These costs are a sound investment in securing 10 years of exclusive rights to your product in Chile.

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Continued Utility Model Protection in Chile — Supported by Brealant

A Chilean utility model lasts 10 years from filing and cannot be renewed. The grant fee covers the first five years; the second five years need a further payment, made at once or annually. Brealant tracks these deadlines and supports licensing and enforcement.

Frequently Asked Questions

Can I file directly in Chile or claim priority from another filing?

Both are possible. You can file directly, claim Paris Convention priority within 12 months of an earlier filing, or enter the Chilean national phase of a PCT application within 30 months.

How long does a utility model last in Chile?

10 years from the filing date. The term cannot be renewed, and a fee must be paid to keep the right in force for the second five years.

How is a utility model different from a patent in Chile?

A patent needs an inventive step and lasts 20 years. A utility model needs novelty, industrial application and a practical advantage from its shape, and lasts 10 years.

Can I change a patent application into a utility model, or the reverse?

Yes. If INAPI finds the subject matter belongs to another category, the application can be processed as that type while keeping its priority. Examiners may suggest the change.

Do foreign applicants need a local representative?

Yes. Chilean law requires applicants who live abroad to appoint a representative in Chile. Brealant coordinates this through the local representatives we work with.

Does my application need to be in Spanish?

Yes. The application filed with INAPI must be in Spanish. Brealant arranges the technical translation of your description, claims and abstract as part of the filing.

What documents do I need to apply?

An abstract, a description, a set of claims and drawings of the object, plus applicant and inventor details, a power of attorney and any priority document.

Can third parties oppose my utility model application?

Yes. Anyone may file an opposition within 45 days of the extract's publication in the Diario Oficial. The applicant then has 45 days to respond.

Can a process or method be protected as a utility model?

No. Utility models in Chile cover only physical objects such as tools, devices and instruments. Processes may be suitable for an invention patent instead.

Will my own earlier disclosure destroy novelty?

Not necessarily. Disclosures made by the applicant within the 12 months before filing are not counted against novelty, but filing before any disclosure is the safest course.